Yogendra Nut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21343 of 2026 Arising Out of PS. Case No.-150 Year-2025 Thana- KORANSARAI District- Buxar ====================================================== Yogendra Nut S/o Ramshankar Nat Resident of Village- Mathila, P.S.- Koransarai, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Dimpal Kumari, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Koransarai P.S. Case No. 150 of 2025 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, during a drive against illicit liquor, police received secret information about the petitioner selling liquor and a raid was conducted and near a pond a person was found selling liquor, who ran away on seeing the police party leaving a plastic sack. On search of the sack, 6 litres of country made chulai liquor was recovered and the Chaukidar named this petitioner, who fled away from the

Patna High Court CR. MISC. No.21343 of 2026(2) dt.10-04-2026 2/3 spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person or possession of the petitioner. The implication of the petitioner is merely on suspicion and on saying of Chaukidar. The recovery has been made from a place which is accessible to all and not exclusive to the petitioner. The petitioner is having antecedent of one case in which he is on bail.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the absence of material against the petitioner to make out a case under Bihar Prohibition and Excise Act, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Special

Patna High Court CR. MISC. No.21343 of 2026(2) dt.10-04-2026 3/3 Excise Court No. 1, Buxar/concerned court in connection with Koransarai P.S. Case No. 150 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S. and other following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T