Subhash Kumar Yadav @ Kirkiriya @ Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25676 of 2026 Arising Out of PS. Case No.-107 Year-2025 Thana- FULKAHA District- Araria ====================================================== Subhash Kumar Yadav @ Kirkiriya @ Subhash Kumar S/o Ganga Prasad Yadav R/o vill - Laxmipur, ward no. 13, P.S.- Fulkaha, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar For the Opposite Party/s :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2026

1. 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 offences punishable under Section 30(a) of the Bihar Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 324 liters of liquor from an open field situated behind the house of Pawan.

4. Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and he has no concern or relation with Pawan and he came to be

Patna High Court CR. MISC. No.25676 of 2026(2) dt.18-04-2026 2/2 implicated at the instance of Chowkidar with whom he is on an inimical term. And he came to be implicated at the instance of Chowkidar, but then it is submitted that if Chowkidar was aware of the involvement of the petitioner in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution. It is also submitted that petitioner is in custody since 21.02.2026 and if privilege of bail is granted, the petitioner will not abscond rather will cooperate in the trial to prove his innocence.

5. Learned A.P.P. for the State opposes the bail application of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Fulkaha P.S. Case No. 107 of 2025.

(Satyavrat Verma, J) Rishabh/- U T