Baban Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21137 of 2026 Arising Out of PS. Case No.-155 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Baban Yadav Son of Shankar Yadav R/o - Village - Sipaya, P.S - Vishambharpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Binay Kant Mani Tripathi, Advocate For the State :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 765 liters of illicit liquor was recovered from an open place.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on the basis of secret information. The alleged illicit liquor has been recovered from an open place,

Patna High Court CR. MISC. No.21137 of 2026(2) dt.01-05-2026 2/2 which is accessible to one and all. Moreover, charge-sheet has already been submitted and petitioner is in custody since 23.02.2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, fact that no incriminating article has been recovered from possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.

7. Accordingly, let the above named petitioner 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 learned District and Additional Sessions JudgeXIII-cum-Special Excise Court-I, Gopalganj in connection with Yadopur P.S. Case No. 155 of 2024.

(Prabhat Kumar Singh, J) shashank/- U T