Rajo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58131 of 2025 Arising Out of PS. Case No.-199 Year-2025 Thana- EXCISE SHERGHATI District- Gaya ====================================================== Rajo Yadav Son of Late Pachu Yadav @ Late Pachchu Yadav R/o Village - Raghwachak, P.S.- Fatehpur, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Adv For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Sections 30(a), 32 (3) of Bihar Prohibition and Excise Act 2016.

3. As per the prosecution case, 150 litres country made wine was recovered from a silver Honda Shine motorcycle near Karma Mor. It is alleged that the petitioner was driving the said motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. The petitioner is neither owner nor driver of the vehicle in question. The petitioner had no knowledge about the seized liquor. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner and he was not caught on the spot. It

Patna High Court CR. MISC. No.58131 of 2025(2) dt.04-09-2025 2/2 is also submitted that petitioner was coming from Sherghati, he was apprehended by the police on the basis of suspicion. The petitioner is in jail custody since 02.07.2025. The petitioner has one criminal antecedent in which he is on bail. Charge-sheet has already been submitted after completion of investigation and there is no chance of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, 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 Court of Exclusive Special Excise, Court No.-3, Gaya in connection with Excise Sherghati P.S. Case No.-199 of 2025 (P.T.N. No.- BRGA01P0020082025).

(Sunil Dutta Mishra, J) krishnakant/- U T