Radheshyam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22871 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur ====================================================== 1.
Radheshyam Yadav S/o- Nandji Yadav Resident of Village- Laxman Dera Chakki Ward No 16 PS- Brampur Dist-Buxar 2.
Hari Yadav S/o- Bhim Yadav R/v- Badka Dakaich W.No-3, PsKrishnabrahm Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-04-2026 Heard Mr. Amresh Kumar Sinha, learned counsel for the petitioners and Ms. Sharda Kumari, learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since 25.02.2026 in connection with Jagdishpur P.S. Case No. 24 of 2026, F.I.R. dated 25.02.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 341.460 liters of illegal foreign liquor.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.22871 of 2026(2) dt.08-04-2026 2/3 from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioners rather the recovery has been made from truck in question. He further submits that there is non-compliance of Section 103 and 105 of BNSS and the petitioners are in custody since 25.02.2026.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances, the petitioner have clean antecedent and there is non-compliance of Section 103 and 105 of BNSS, let the petitioners, 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 Excise, Court No.II, Bhojpur, Ara in connection with Jagdishpur P.S. Case No. 24 of 2026, subject to the following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the
Patna High Court CR. MISC. No.22871 of 2026(2) dt.08-04-2026 3/3 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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