Rama Yadav @ Rama Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67555 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- GHORASAHAN District- East Champaran ====================================================== Rama Yadav @ Rama Kumar S/o Radheshyam Yadav @ Radheshyam Prasad Yadav R/o Village- Bijbani Baraiya Tola, P.S.- Jitna, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar For the Opposite Party/s :
Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Ghorasahan Police Station Case No. 31 of 2025, disclosing offences under Sections 317(4), 317(5) of the BNS, 2023 and Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on 22.01.2025 in the morning, police got the information that one Raju Kumar was coming with the illicit liquor from Ambika Palace Road. Upon such information, police arrived at the place of occurrence and saw that three motorcycles were coming speedily which were intercepted by the police and one Raju Kumar was arrested. The
Patna High Court CR. MISC. No.67555 of 2025(2) dt.08-10-2025 2/3 persons riding on other two motorcycles fled away. From the three motorcycles, the police recovered 405 liters of illicit liquor. The arrested person disclosed the name of the person as petitioner and Suresh Bhagat who succeeded in fleeing away.
4. Learned Counsel for the petitioner submits that the petitioner has been made accused on the basis of disclosure of his name by the arrested co-accused. Petitioner is not the owner of the motorcycles from where the illicit liquor has been recovered as stated in paragraph 10 of this application.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is not the owner of the motorcycles and recovery has not been made from his conscious possession and or vehicles belonging to him, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, Motihari, East Champaran, in connection with
Patna High Court CR. MISC. No.67555 of 2025(2) dt.08-10-2025 3/3 Ghorasahan Police Station Case No. 31 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T