Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62626 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- DEODHA District- Madhubani ====================================================== Raj Kumar Yadav S/o Bhogu Yadav R/o Village - Haidarpur, Vijay Bihar, P.S - Pandaul, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025 Heard learned counsel for the parties.

2. The petitioner in this application prays for grant of anticipatory bail apprehending his arrest in connection with Deodha P.S. Case no. 83 of 2024 registered for the offence punishable under sections 274, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on a search of three motorcycles, a total of 4.5 litres of Nepali liquor was recovered and one Jai Kumar Yadav was arrested.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. He was falsely implicated in the case only for the reason that he happens to be the registered owner of the vehicle being driven by the

Patna High Court CR. MISC. No.62626 of 2025(2) dt.24-09-2025 2/2 said Jay Kumar Yadav. He has no criminal antecedent and undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., no incriminating article having been recovered from the petitioner's possession and specially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Deodha P.S. Case no. 83 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani.

(Partha Sarthy, J) Bibhash U