Shailesh Yadav @ Shailesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19365 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- RASULPUR District- Saran ====================================================== Shailesh Yadav @ Shailesh Son of Gama Yadav R/o Village - Sarav Khurd, P.S. - Ekawana, Dist. - Deoriya, State - Uttar Pradesh. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raushan Raj, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-03-2026 Heard Mr. Raushan Raj, learned counsel for the petitioner and Mr. Nand Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 23.02.2026 in connection with Rasulpur P.S. Case No. 57 of 2026, F.I.R. dated 22.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 45 liters of English wine.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. Infact the two seizure list witnesses are police personnel
Patna High Court CR. MISC. No.19365 of 2026(2) dt.31-03-2026 2/3 and there is non-compliance of Section 103 and 105 of BNSS and the petitioner is in custody since 23.02.2026.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is non-compliance of Section 103 and 105 of BNSS, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran, Chapra in connection with Rasulpur P.S. Case No. 57 of 2026, subject to the following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall
Patna High Court CR. MISC. No.19365 of 2026(2) dt.31-03-2026 3/3 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, 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) Suruchi/- U T