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Patna High CourtCR. MISC./56252/2025allowed

Rahul Kumar Yadav v. The State Of Bihar

2025-08-20Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56252 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- SAKRI District- Madhubani ====================================================== Rahul Kumar Yadav S/o Ramdev Yadav R/o Village - Sakri Yadav Tol, P.S - Sakri, District - Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Sakri P.S. Case No.107 of 2025 registered under Sections 274, 275 and 3(5) of the B.N.S and Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is total recovery of 189 litres of Nepali country made liquor from the plastic sacks kept on motorcycle and scooty. The apprehended accused persons disclosed the name of the petitioner who is alleged to have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the confessional statement of apprehended accused

Patna High Court CR. MISC. No.56252 of 2025(2) dt.20-08-2025 2/2 persons. Nothing has been recovered from conscious possession or from the house of the petitioner. Petitioner is neither owner nor rider of the said seized vehicles and he has no concern with the seized liquor. Petitioner has two criminal antecedents, out of which, one case belongs to Excise Act. Petitioner is in jail since 28.06.2025 and he undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Madhubani in connection with Sakri P.S. Case No.107 of 2025 corresponding to G.R. No.829 of 2025. (Sunil Dutta Mishra, J) Harish/- U T