IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44029 of 2026 Arising Out of PS. Case No.-338 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Ramakant Yadav @ Ramu Yadav Son of Surendra Chaudhary @ Surendra Yadav @ Suli Chaudhary Resident of Village- Bhopatpur, P.S.- Kateya, District- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewanand Tiwari, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 07-07-2026 Heard Mr. Dewanand Tiwari , learned counsel for the petitioner and Mr. Akbar Ali, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 17.04.2026 in connection with Kateya P.S. Case No. 338 of 2024, F.I.R. dated 03.09.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 3. Recovery is of 180 liters of illicit liquor. 4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case on the basis of disclosure made by the local chowkidar as well as suspicion. He further submits that it appears from the F.I.R. as well as seizure list that nothing has Patna High Court CR. MISC. No.44029 of 2026(2) dt.07-07-2026 2/3 been recovered from the conscious possession of the petitioner and local chowkidar has disclosed that he has identified the petitioner while he was escaping from the place of occurrence. Except the aforesaid, nothing has come during investigation which suggest the involvement of the petitioner in the present occurrence and due to petitioner's previous criminal antecedent he has been made accused in the present case. He further submits that the police after investigation submitted charge- sheet against the petitioner. The petitioner is in custody since 17.04.2026. 5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries six criminal antecedents other than the present one but fairly submits that he is on bail in all the pending matters. 6. Considering the aforesaid facts and circumstances that nothing has been recovered from the conscious possession of the petitioner and his name has been transpired on the basis of disclosure made by the local chowkidar, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Patna High Court CR. MISC. No.44029 of 2026(2) dt.07-07-2026 3/3 Sessions Judge-XII cum Special Excise Court No.-I, Gopalganj in connection with Kateya P.S. Case No. 338 of 2024 subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Vanisha/- (Rajesh Kumar Verma, J) U T