Jagdish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12028 of 2026 Arising Out of PS. Case No.-814 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Jagdish Yadav S/o- Late Ruplal Yadav Village -Bagai P.S.-Gurpa District -Gaya ji ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushp Raj Singh, Advocate For the Opposite Party/s :

Mrs. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Fatehpur P.S. Case No. 814 of 2024, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier, anticipatory bail of the petitioner was rejected by this Court vide order dated 04.07.2025 passed in Cr. Misc. 13701 of 2025.

4. The prosecution case, in short, is that 794.25 liters liquor was recovered from five motorcycles.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.12028 of 2026(2) dt.23-02-2026 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submitted that the petitioner is not the owner of any of the motorcycles in question. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Binay Kumar and the same has got no evidentiary value. The petitioner is in custody since 18.12.2025 and has got five criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

7. 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.

8. Let the petitioner be released on bail after framing of charge, if not already framed, 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 Fatehpur P.S. Case No. 814 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.12028 of 2026(2) dt.23-02-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner will not tamper with the evidence or the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T