Suresh Yadav @ Suresh Prasad Yadav @ Suresh Gop v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9602 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- AGAMKUAN District- Patna ====================================================== Suresh Yadav @ Suresh Prasad Yadav @ Suresh Gop, S/o Late Hazari Yadav, R/o Vrindavan Colony, Jakariyapur, P.S- Agamkuan, Distt.- Patna- 8000007. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Awadhendra Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner is named in the F.I.R. and apprehending his arrest in connection with Agamkuan P.S. Case No.23 of 2026 registered for the offences punishable under Sections 30(a), 32(3) and 41 of the Bihar Prohibition and Excise Act, 2016.

3. The allegation against the petitioner is to have in possession of 544.320 litres of illicit liquor and engaged in illegal trading/manufacturing of illicit liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner transpired in this case on the basis of suspicion arising out of disclosure made by apprehended co-accused namely, Pappu Kumar, who is tenant

Patna High Court CR. MISC. No.9602 of 2026(2) dt.17-02-2026 2/2 of petitioner. It is submitted that alleged recovery of illicit liquor was not made from conscious physical possession of this petitioner. The petitioner claimed clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima-facie not appears to be made from conscious physical possession of this petitioner, who is a man of clean antecedent, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court of Excise, Patna City/concerned court in connection with Agamkuan P.S. Case No.23 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S."). (Chandra Shekhar Jha, J.) Sanjeet/- U T