Rupash Yadav @ Rupesh Yadav @ Chuha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87618 of 2025 Arising Out of PS. Case No.-547 Year-2025 Thana- BIHAR District- Nalanda ====================================================== Rupash Yadav @ Rupesh Yadav @ Chuha S/O Manoj Yadav R/O Vill.- Rajakuwan, P.S.- Bihar, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad,Adv.

For the Opposite Party/s :

Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-01-2026 Heard Mr. Raj Kishor Prasad, learned counsel for the petitioner and Mrs. Renuka Ratnakar, learned APP for the State.

2. The petitioner seeks bail in connection with Bihar P.S. Case No. 547 of 2025, instituted for the offences punishable under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 1363.5 liters liquor was recovered from abandoned building and car.

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 no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.87618 of 2025(2) dt.13-01-2026 2/3 for the petitioner also submits that the petitioner is not the owner of the car and abandoned building. It is further submitted that the petitioner was not arrested on spot. Name of the petitioner has transpired in this case on the basis of disclosure made by local person. The petitioner is in custody since 23.09.2025 and has got four criminal antecedents in which he is on bail. 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 Bihar P.S. Case No. 547 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.87618 of 2025(2) dt.13-01-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Siddharth Soni/- U T