Ram Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21331 of 2026 Arising Out of PS. Case No.-197 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== Ram Kumar Yadav S/o Late Badri Yadav @ Buddu Yadav @ Buddhi Yadav R/o Village - Channipur, Police Station - Laukaha, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-04-2026 Heard Mr. Ashok Kumar Prasad, learned counsel for the petitioner as well as Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 26.01.2026 in connection with Laukaha P.S. Case No. 197 of 2025, F.I.R. dated 09.12.2025 for the offences punishable under Sections 274, 275, 3(5) of the Bharatiya Nyay Sanhita, 2023 and under Section 30(a), 41(1) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Recovery is of 540 litre Saurabh Saunfy Nepali 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
Patna High Court CR. MISC. No.21331 of 2026(2) dt.01-04-2026 2/3 from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from vehicle in question. As per allegation in the FIR petitioner was present at the place of occurrence and he fled away from there and except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence and there is non-compliance of Section 103 and 105 of BNSS and the petitioner is in custody since 26.01.2026.
5. The learned Additional Public Prosecutor 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 Act, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 197 of 2025, 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
Patna High Court CR. MISC. No.21331 of 2026(2) dt.01-04-2026 3/3 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 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