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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18435 of 2026 Arising Out of PS. Case No.-47 Year-2026 Thana- LADANIA District- Madhubani ====================================================== Roushan Kumar Yadav @ Roushan Yadav Son of Ganga Yadav @ Genai Yadav Resident of Village - Bhagwatipur, P.S. - Ladaniya, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2026 Heard Mr. Shailendra Kumar Jha, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 08.02.2026 in connection with Ladaniya P.S. Case No. 47 of 2026, F.I.R. dated 08.02.2026 for the offences punishable under Section 274, 275, 3(5) of Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. Recovery is of 92.880 liters of illicit liquor.

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 it appears from the F.I.R. as well as seizure list that nothing has been

Patna High Court CR. MISC. No.18435 of 2026(2) dt.24-03-2026 2/3 recovered from the conscious possession of the petitioner rather the recovery has been made from motorcycle in question. He further submits that there is non-compliance of Section 100 of Cr.P.C/103 of BNSS and the petitioner is in custody since 08.02.2026.

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, 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 Exclusive Special Judge, Excise Court, Madhubani in connection with Ladaniya P.S. Case No. 47 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

Patna High Court CR. MISC. No.18435 of 2026(2) dt.24-03-2026 3/3 move for cancellation of bail.

iii. 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 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