Raja Yadav @ Rakesh Kumar Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67406 of 2025 Arising Out of PS. Case No.-471 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== 1.
Raja Yadav @ Rakesh Kumar Raja S/O Late Sudhir Yadav All Residents of Village- Titanga Karari, P.S- Gopalpur, District- Bhagalpur. 2.
Ranjan Kumar @ Ranjan Yadav S/O Late Yogi Yadav All Residents of Village- Titanga Karari, P.S- Gopalpur, District- Bhagalpur. 3.
Amarishpuri @ Amrish Yadav @ Amrishpuri S/O Late Bidi Yadav All Residents of Village- Titanga Karari, P.S- Gopalpur, District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ankit Raj, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Gopalpur P.S. Case No. 471 of 2021 dated 12.10.2021, registered for the offences punishable under Sections 30(a), 45 and 52 of Bihar Prohibition and Excise Act, 2016.
3. As per allegation, 2 litre of illicit liquor has been recovered from the house of co-accused Manohar Yadav and as per further case of the police, when they were going back to the
Patna High Court CR. MISC. No.67406 of 2025(2) dt.24-09-2025 2/3 police station taking the illicit liquor, the same was taken away by the wife of Manohar Yadav and in her efforts, the petitioners have assisted her to take away the illicit liquor.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from the possession of the petitioner and only on account of being agnates of co-accused and being accused in an earlier case, he has been falsely implicated by the police and even the whole case against the accused persons, including the petitioners are false and fabricated.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner Nos. 1 and 3 have two criminal antecedents, whereas petitioner No. 2 has no criminal antecedent.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named,
Patna High Court CR. MISC. No.67406 of 2025(2) dt.24-09-2025 3/3 to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Gopalpur P.S. Case No. 471 of 2021, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) shoaib/- U T