Ratish Kumar Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90198 of 2025

Arising Out of PS. Case No.-164 Year-2025 Thana- MADHWAPUR District- Madhubani

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Ratish Kumar Yadav S/O Rajeshwar Yadav @ Rajesar Yadav Resident of Village- Akhraghat, (Akrghat), P.S.- Saharghat, Dist.- madhubani

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bhavesh Kumar Sah, Advocate Ms.Archna Anand, Advocate Mr.Sumit Kumar Singh, Advocate Mr.Rakesh Bihari Singh, Advocate For the Opposite Party/s : Mr.Md. Shakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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... ... Opposite Party/s

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ORAL ORDER

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2 12-01-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with Madhwapur P.S. Case No. 164 of 2025, instituted for the offences punishable under Sections 274, 275 and 3(5) of the B.N.S and Section 30(a) of theBihar Prohibition and Excise Act.

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The prosecution case, in short, is that total 360 liters of Nepali liquor was recovered from eight plastic sacks.

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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

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Patna High Court CR. MISC. No.90198 of 2025(2) dt.12-01-2026 2/3

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no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the recovery has been made from open place, which is accessible to public at large. The petitioner is in custody since 25.11.2025 and has got two criminal antecedents. Learned counsel for the petitioner further submits that other co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 07.01.2026 passed in Cr. Misc. No. 89836 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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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.

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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 Madhwapur P.S. Case No. 164 of 2025, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the petitioner.

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(II) The petitioner shall appear on each and every date

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Patna High Court CR. MISC. No.90198 of 2025(2) dt.12-01-2026 3/3

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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.

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(Rudra Prakash Mishra, J)

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manish/-

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U T

Ratish Kumar Yadav v. The State of Bihar

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Ratish Kumar Yadav v. The State of Bihar

Case brief

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