Amardeep Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26440 of 2026 Arising Out of PS. Case No.-107 Year-2026 Thana- Excise P.S. District- Madhubani ====================================================== Amardeep Kumar Yadav S/o Shubhaklal Yadav R/o Village - Bairal, Ward No. 14, PS - Babu Barhi, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratnakar Jha, Advocate For the Opposite Party/s :
Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2026 Heard Mr.Ratnakar Jha, learned counsel for the petitioner and Ms.Sangeeta Sharma, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 09.03.2026 in connection with Sadar Excise P.S. Case No. 107 of 2026, F.I.R. dated 08.03.2026 registered for the offence punishable under Sections 30(a), 62 of Bihar Prohibition and Excise Act.
3. Recovery is of 866.520 liters of illicit liquor.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. It appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the vehicle in question and
Patna High Court CR. MISC. No.26440 of 2026(2) dt.20-04-2026 2/3 seizure list witnesses are police personnel so there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 09.03.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent and there is non-compliance of Sections 103 and 105 of BNSS, 2023, let the petitioner, 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 learned Exclusive Special Judge, Excise, Madhubani in connection with Sadar Excise P.S. Case No. 107 of 2026,with the following conditions:- (I) Petitioner 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the 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
Patna High Court CR. MISC. No.26440 of 2026(2) dt.20-04-2026 3/3 verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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) Nitesh/- U T