Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23063 of 2026 Arising Out of PS. Case No.-120 Year-2026 Thana- Excise P.S. District- Lakhisarai ====================================================== Rajesh Yadav S/O Shri Brahamdev Yadav Resident of Village- Lakho Chak, Ward No. 05, P.S.- Kiul, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shaukat Alam, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that gunny bag, altogether 105 liters of country made liquor was recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. Learned counsel has submitted that the witnesses of the seizure list are police personnel and police has not complied Section 105 of BNSS while preparing seizure list. Moreover, he is languishing in
Patna High Court CR. MISC. No.23063 of 2026(2) dt.08-04-2026 2/2 judicial custody since 26.02.2026.
5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having two criminal antecedents of similar nature.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Case No. 120c2 of 2026 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 Judge VIIth cum Exclusive Special Excise Court-II, Lakhisarai with a condition that the petitioner shall not indulge himself in similar nature of offence in future. (Ashok Kumar Pandey, J) shubham/- U T