Jagdish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9138 of 2026 Arising Out of PS. Case No.-478 Year-2025 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 12-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Fatehpur P.S. case No. 478 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 11 liters liquor was recovered from motorcycle.

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 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the name of the petitioner has transpired

Patna High Court CR. MISC. No.9138 of 2026(2) dt.12-02-2026 2/3 as being owner of the vehicle in question. The petitioner is in custody since 18.12.2025 and has got seven criminal antecedent in which he is on bail in four cases. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. The petitioner has seven antecedents of similar nature.

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, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (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. 478 of 2025, subject to the following conditions:

(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 consequtive dates without sufficient cause.

(III) The petitioner will not tamper with the evidence

Patna High Court CR. MISC. No.9138 of 2026(2) dt.12-02-2026 3/3 or the witnesses during the trial.

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

(V) Petitioner shall not leave the territorial jurisdiction of the learned Court below without taking prior permission of the Court concerned.

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) Pankaj/- U T