Khalipha Yadav @ Khalifa Yadav @ Sajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59454 of 2025 Arising Out of PS. Case No.-1681 Year-2024 Thana- Excise P.S. District- East Champaran ====================================================== Khalipha Yadav @ Khalifa Yadav @ Sajan Yadav S/O Ramayan Yadav Resident of village- Shankar saraiya, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 1681 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 25 litres of spirit, 12 kg of plastic rapper was recovered from Motorcycle.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that motorcycle in question does not belong to the petitioner. It

Patna High Court CR. MISC. No.59454 of 2025(2) dt.22-08-2025 2/2 is further submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended co-accused person namely, Ranjit Kumar. The petitioner is in custody since 06.06.2025 and has got four criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Similarly situated other co-accused person has been granted regular bail passed by this Court vide order dated 03.12.2024 passed in Cr. Misc. No. 81870 of 2025. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise PS Case No. 1681 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T