Patna High Court
Ramji Yadav @ Ramjee YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Ramji Yadav and Sonu Yadav, were implicated in a special excise case for allegedly escaping with 150 litres of country liquor, based solely on the statement of a co-accused. They were not apprehended at the scene, have no prior criminal record, and have been in custody since 7 January 2026. The petitioners applied for regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016, claiming false implication. The State opposed the bail. Considering the lack of direct evidence, the absence of prior convictions, and the fact that their names appeared only in a co-accused statement, the Court ordered that bail be granted on a bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Special Excise Judge. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether bail should be granted to the accused when their involvement is alleged only through a co-accused's statement and they have no prior criminal record.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- excise law
- false implication
- co-accused statement
- Bihar Prohibition and Excise Act
- section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10367 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- DULHIN BAZAR District- Patna
======================================================
1. Ramji Yadav @ Ramjee Yadav S/O Late Sarad Yadav @ Shradha Yadav
2. Sonu Yadav S/O Wakil Yadav
Both R/O Village- Gulalchak, P.S- Dulhin Bazar, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandrashekhar Prasad, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Dulhin Bazar P.S. Case
no.369 of 2025 (Special Excise Case no.28 of 2026) registered
under section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. As per the prosecution case, seeing the police
personnel, it is stated that three accused persons including the
two petitioners herein managed to escape. Dindayal Yadav and
Sunil Yadav were caught and 150 litres of country liquor was
recovered. On enquiry, they disclosed the name of the persons
who had managed to escape and which included the petitioners
herein.
4. Learned counsel for the petitioners submits that
the petitioners have been falsely implicated in the case. From
Patna High Court CR. MISC. No.10367 of 2026(2) dt.17-02-2026
2/2
the contents of the FIR itself, it would transpire that they were
not caught at the place of occurrence and their name has
transpired only in the statement of a co-accused made before
police. The petitioners have no criminal antecedent and are in
custody since 7.1.2026.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioners not having been arrested at the spot, their name
having transpired in the statement of a co-accused made before
police, both of them being in custody since 7.1.2026 and not
having any criminal antecedent, the Court directs both the
petitioners to be enlarged on bail in connection with Dulhin
Bazar P.S. Case no.369 of 2025 (Special Excise Case no.28 of
2026) on each of them furnishing bail bond of Rs.10,000/
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Special Excise Judge,
Danapur, District Patna.
(Partha Sarthy, J)
Saurabh/-
U T
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