Patna High CourtCR. MISC./26864/2026allowed

Bittu Yadav v. The State Of Bihar

2026-04-23Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26864 of 2026 Arising Out of PS. Case No.-300 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Bittu Yadav S/o Sanjay Yadav Resident of Nehru Nagar, Ara, P.S.- Ara town, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Makardhwaj Upadhyay, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-04-2026 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, in short is that from a Maruti Suzuki vehicle, altogether 192 liters of illicit country made liquor was recovered. It is alleged that the petitioner along with other has fled away from the car seeing the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Leaned counsel for the petitioner has submitted that name of this petitioner has been disclosed by one Vikash Kumar. Nothing has been recovered

Patna High Court CR. MISC. No.26864 of 2026(2) dt.23-04-2026 2/2 from his possession. It has further been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 26.02.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

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 Ara Nawada P.S. Case No. 300 of 2024 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 1st , Bhojpur at Ara.

(Ashok Kumar Pandey, J) lata/- U T