Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 57209 (PAT)

Rajesh Kumar Yadav v. The State of Bihar

CR. MISC./47062/2025 · 2025-08-04

S B P Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47062 of 2025 Arising Out of PS. Case No.-620 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Rajesh Kumar Yadav S/O Birendra Yadav R/O Village- Pran Bigha, P.S- Deo, Distt.- Aurangabad. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Mukul Kumari, Advocate For the Opposite Party/s : Mrs. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 620 of 2025 for the offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. 3. As per the allegation, on the alleged date and time of occurrence total 20.625 litres of foreign liquor has been recovered from the motorcycle bearing Reg. No. BR 26N 0422, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence rather he has falsely been implicated in this case and made a victim of circumstances only. No incriminating article said to be Patna High Court CR. MISC. No.47062 of 2025(2) dt.04-08-2025 2/3 recovered from the physical possession or house of the petitioner. According to allegation, total 20.625 liters of foreign liquor have been recovered from the motorcycle bearing Reg. No. BR 26N 0422. Petitioner has only been implicated in this case due to being the registered owner of the said motorcycle. Learned counsel further submits that the petitioner has given the key of his motorcycle to co-accused namely Deepak Kumar Sinha who has been arrested at the time of occurrence with recovery of illicit liquor. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge of Excise-II, Aurangabad, in connection with Excise P.S. Case No. 620 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. Patna High Court CR. MISC. No.47062 of 2025(2) dt.04-08-2025 3/3 (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T