Rajdeo Prasad @ Ramdeo Prasad v. The State of Bihar
CR. MISC./82382/2025 · 2025-12-02
R P Mishra
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 98326 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98326 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82382 of 2025 Arising Out of PS. Case No.-459 Year-2025 Thana- BANIAPUR District- Saran ====================================================== Rajdeo Prasad @ Ramdeo Prasad S/o Late Bhikhari Prasad R/O Basatpur, P.S.- Baniyapur, Dist.- Saran- 841403 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Piyush Kumar Pandey, Adv For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Baniyapur P.S. Case No. 459 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 140 liters liquor was recovered out of which 5 liters country made liquor recovered from box of petitioner and 1200 liters pass destroyed at spot. Petitioner was arrested on spot.
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
Patna High Court CR. MISC. No.82382 of 2025(2) dt.02-12-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits the alleged motorcycle and box do not belong to the petitioner. So far as recovery of liquor is concerned, the same is planted by the police party. The petitioner is in custody since 20.10.2025 and has got clean antecedent. 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 Baniyapur P.S. Case No. 459 of 2025.
krishnakant/- (Rudra Prakash Mishra, J) U T