Saroj Yadav @ Saroj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19465 of 2026 Arising Out of PS. Case No.-36 Year-2026 Thana- OBRA District- Aurangabad ====================================================== Saroj Yadav @ Saroj Singh S/O Sahdev Yadav R/O Vill.- Mastalichak, P.S.- Obra, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Anand, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) and 30 (c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. A bare perusal of the first information report and the seizure list would go to show that 100 liters of country made liquor, 700 liters of fermented Mahua and several articles for brewing liquor have been recovered from a paddy field.
4. It is submitted by learned counsel for the petitioner that the name of the petitioner has been falsely implicated in this case on the basis of disclosure made by the village Chaukidar, rather the fact of the matter is that nothing has been recovered from the conscious physical possession of the petitioner. It is
Patna High Court CR. MISC. No.19465 of 2026(2) dt.06-04-2026 2/3 further submitted that the place of recovery is an open place and easily accessible to anyone, hence no responsibility can be fixed on the petitioner. It is further submitted that there is violation of mandatory provision in search and seizure as also there is no eye witness to the said seizure list. Petitioner has seven criminal antecedents of similar nature of the offence as stated in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail on the ground that the petitioner has seven criminal antecedents of similar nature of the offence. In response, it is submitted on behalf of the petitioner that the petitioner is on bail in all the cases.
6. At this stage, it is submitted that an amount of Rs.10,000/- (Rupees Ten Thousand) shall be deposited by the petitioner in the account of the Advocate Association, Patna High Court, Patna and the receipt thereof shall be produced at the time of furnishing bail bonds.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below
Patna High Court CR. MISC. No.19465 of 2026(2) dt.06-04-2026 3/3 where the case is pending/successor Court in connection with Obra P.S. Case No.36 of 2026, subject to the condition as laid down under Section 482 (2) Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to the further condition that : (i) One of the bailors would be the blood relative of the petitioner.
(ii) The petitioner would cooperate in the investigation/trial and in failure to do so, the learned Court concerned would be at liberty to cancel the bail bonds of the petitioner. (Soni Shrivastava, J) Trivedi/- U T