Patna High CourtCR. MISC./70524/2025bail granted

Rajkumar Yadav v. The State Of Bihar

2025-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70524 of 2025 Arising Out of PS. Case No.-109 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Rajkumar Yadav Son of Brahmdeo Yadav R/o Village - Dariyapur, P.S. - Nardiganj, Dist. - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Adv For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.O. P.S. Case No. 109 of 2013, instituted for the offences punishable under Sections 30 (a) (f) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 120 liters of country made liquor, one aluminum pipe was recovered from adda of petitioner and 600 kg Jawa was destroyed at spot.

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

Patna High Court CR. MISC. No.70524 of 2025(4) dt.04-12-2025 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that the recovery is made from an open place, which is accessible to one and all. The petitioner is in custody since 16.08.2025 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 G.O. P.S. Case No. 109 of 2013.

(Rudra Prakash Mishra, J) krishnakant/- U T