Niraj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15007 of 2026 Arising Out of PS. Case No.-28 Year-2026 Thana- TURKAULIYA District- East Champaran ====================================================== Niraj Kumar Yadav Son of Shivdayal Yadav @ Shivdayal Roy Resident of Village - Jaisinghpur Chilraw, P.S. - Turkauliya, Dist. - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the State :

Mrs. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2026 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mrs. Shaheen Begum, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 17.01.2026, in connection with Turkauliya P.S. Case No. 28 of 2026, F.I.R. dated 16.01.2026 registered for the offences punishable under Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.

3. Recovery is of 284.985 litres of foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether 284.985 lires of foreign liquor was recovered from the possession of co-accused persons namely, Nand Lal Rai and the Poultry Farm of Masum Ali.

Patna High Court CR. MISC. No.15007 of 2026(2) dt.16-03-2026 2/3 Although the petitioner was apprehended from the place of occurrence and there is no recovery from the possession of the petitioner or the house of the petitioner and he has been made accused merely on the basis of suspicion and there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 17.01.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case of similar nature other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession or the house of the petitioner rather recovery has been made from the possession of co-accused persons and petitioner has been made accused merely on the basis of suspicion and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 01,

Patna High Court CR. MISC. No.15007 of 2026(2) dt.16-03-2026 3/3 East Champaran, Motihari in connection with Turkauliya P.S. Case No. 28 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T