Raj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23434 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- NANIJOR District- Buxar ====================================================== RAJ KUMAR YADAV Son of Bikrama Yadav Resident of Village Mahadev Dera (Mahadev Ke Dera), P.S.- Nainijor, District - Buxar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s :
Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-04-2026 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 Excise Act.
3. The case of the prosecution is that altogether 43.560 liters of country made liquor was recovered from a Mahadev Dera.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of this petitioner rather the same has been recovered from an open place. It is further submitted that all the witnesses to the seizure
Patna High Court CR. MISC. No.23434 of 2026(2) dt.16-04-2026 2/2 list are police personnel and the police have not complied the mandatory provision of Section 105 of the BNS at the time of seizure. Moreover, the petitioner is languishing in judicial custody since 25.02.2026 having one criminal antecedent of similar nature.
5.
Learned APP appearing for the State has vehemently opposed the prayer of regular bail.
6. Considering the aforesaid 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 Nainjor P.S. Case No. 16 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 Exclusive Special Excise Court No. 2, Buxar/concerned Court. (Ashok Kumar Pandey, J) Jagdish/- U T