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Patna High CourtCR. MISC./26679/2026allowed

Vijay Yadav v. The State Of Bihar

2026-04-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26679 of 2026 Arising Out of PS. Case No.-69 Year-2026 Thana- BARAHAT District- Banka ====================================================== Vijay Yadav Son of Late Upendra Yadav Resident of Village - Nayaganw, P.S.- Parbatta, District - Khagariya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Barahat P.S. Case No.69 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition of Excise (Amendment) Act, 2022.

3. The case of the prosecution, in short, is that from a bolero pickup altogether 321.48 liter of illicit foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is merely a driver of the bolero pickup. Learned counsel for the petitioner has submitted that the petitioner was unaware of the illicit liquor. It has further been submitted that nothing has been recovered from the

Patna High Court CR. MISC. No.26679 of 2026(2) dt.22-04-2026 2/2 possession of this petitioner. Learned counsel for the petitioner has further submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has further submitted that the petitioner is a man of clean antecedent and he is in judicial custody since 12.03.2026.

5. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Special Judge, Exclusive Excise Court-I, Banka in connection with Barahat P.S. Case No.69 of 2026.

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