Ganesh Kumar Yadav @ Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29194 of 2026 Arising Out of PS. Case No.-60 Year-2025 Thana- Excise Benipatti District- Madhubani ====================================================== Ganesh Kumar Yadav @ Ganesh Yadav, S/o- Faudar Yadav, Resident of Village- Manpaur, Ward no- 01, Police Station-Benipatti, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Soban Asghar, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Benipatti Excise P.S. Case No. 60 of 2025 dated 16.04.2025 instituted for the offence punishable under Sections 30(a), 32(3) of Bihar Prohibition and Excise Act.

3. Allegation is of recovery of total 1.875 litre foreign Liquor from a motorcycle bearing Reg. No. BR06AT9817 which was being driven by co-accused person, namely, Krishna Mohan Prasad Yadav.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. Co-accused,

Patna High Court CR. MISC. No.29194 of 2026(2) dt.06-05-2026 2/2 namely, Krishna Mohan Prasad Yadav, who happens to be the son of the petitioner, was arrested on the spot along with the said motorcycle. The petitioner has been made accused in this case only on the basis that he is owner of the said motorcycle. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Benipatti Excise P.S. Case No. 60 of 2025, he will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Madhubani subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) premchand/- U T