Rajnikant Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66176 of 2025 Arising Out of PS. Case No.-496 Year-2025 Thana- PATNA RAIL P.S. District- Patna ====================================================== Rajnikant Yadav Son of Late Ramruchi Singh Yadav @ Late Ramruchi Resident Of Village - Lahuwar P.s. -Jamaniya District -Ghzipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Special Case No. 943 of 2025, arising out of Rai P.S. (Patna) Case No. 496 of 2025 registered for the alleged offences under Sections 318(4), 319(2), 316(2) of BNS and Section 30(a)(c) of Bihar Prohibition and Excise Act.
3. As per prosecution case, petitioner was apprehended on suspicion as he had been claiming himself to be ticket checking officer but failed to show any Identity Card. From the trolley bag of the petitioner, recovery of 18 litres of foreign liquor was made.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.66176 of 2025(2) dt.24-09-2025 2/3 petitioner is innocent and has been falsely implicated in this case and no recovery has been made from the conscious possession of the petitioner. This fact is apparent from the FIR that the trolley bag was lying unattended in abandoned condition. There has been no complaint that the petitioner cheated any person claiming himself to be a ticket checking officer and no money has been recovered from the possession of the petitioner to show that he has cheated any person or general public. The petitioner is having clean antecedent and he is in custody since 01.07.2025.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise - 1st, Patna/concerned Court in connection with Special Case No. 943 of 2025, arising out of Rail P.S. (Patna) Case No. 496 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following
Patna High Court CR. MISC. No.66176 of 2025(2) dt.24-09-2025 3/3 conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T