IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78876 of 2025 Arising Out of PS. Case No.-430 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Rakesh yadav Son of Sudama yadav Resident of Village- Nerui, Ps- Mirganj, Dist- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepankar Raj, Adv For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 20-11-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Mirganj P.S. Case No. 430/2024, instituted for the offences punishable under Section 315(5) of B.N.S.- 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. 3. Earlier vide order dated 05.02.2025 passed in Cr. Misc. No. 87913 of 2024 anticipatory bail was rejected by Co- ordinate Bench of this Court. 4. The prosecution case, in short, is that 156 liters liquor was recovered from car. 5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the Patna High Court CR. MISC. No.78876 of 2025(2) dt.20-11-2025 2/3 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 owner of the seized vehicle. It is also submitted that petitioner was not apprehended on the spot. The petitioner is in custody since 08.09.2025 and has got six criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. 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. 8. Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Mirganj P.S. Case No. 430/2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. Patna High Court CR. MISC. No.78876 of 2025(2) dt.20-11-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. krishnakant/- (Rudra Prakash Mishra, J) U T