Bocha Yadav @ Bocha Singh @ Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66332 of 2025 Arising Out of PS. Case No.-331 Year-2022 Thana- FATUA District- Patna ====================================================== Bocha Yadav @ Bocha Singh @ Rajesh Yadav Son of Late Baleshwar Yadav Son of Vill- Theghua, P.S.- Fatuha, District- Panta ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Rai, Adv.

For the Opposite Party/s :

Mr.Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Fatuha P.S. Case No. 331 of 2022, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, on a tip off, recovery of 270 litre of country made liquor was made from cowshed of the petitioner who fled away on seeing the police party.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the petitioner was not apprehended from the spot and nothing incriminating has been recovered from person or

Patna High Court CR. MISC. No.66332 of 2025(2) dt.24-09-2025 2/3 possession of the petitioner. The recovery has been made from an open place accessible to all and anybody could have placed the material in the said place. The petitioner is in custody since 01.08.2025 and he has one criminal antecedents.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that the petitioner has not been apprehended from the spot and his period of custody, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City/concerned court, in connection with Fatuha P.S. Case No. 331 of 2022, subject to the condition laid down under Section 480(3) of the BNSS and other following 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, if so required by the learned trial

Patna High Court CR. MISC. No.66332 of 2025(2) dt.24-09-2025 3/3 court.

(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) Anuradha/- U T