Rahul Kumar Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74279 of 2025 Arising Out of PS. Case No.-306 Year-2025 Thana- JAYNAGAR District- Madhubani ====================================================== Rahul Kumar Sadai Son of Dilip Sadai Resident of Village - Baluatol, Baldiha, P.S. - Jaynagar, Dist. - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jaynagar PS Case No. 306 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 & 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that 1350 liters Nepali liquor was recovered from six motorcycles, out of which 225 litres was recovered from the motorcycle which the petitioner was riding.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.74279 of 2025(2) dt.01-11-2025 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner is not the owner of the motorcycle in question and he has no concern with the same. The petitioner is in custody since 08.09.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaynagar PS Case No. 306 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T