Patna High CourtCR. MISC./28225/2026allowed

Yashwant Kumar v. The State Of Bihar

2026-05-04Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28225 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- Gidhaur District- Jamui ====================================================== Yashwant Kumar, S/o Lalo Ray, R/o vill - Chakiya, P.S.- Chakiya, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rudra Pratap Singh, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-05-2026 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 Pick-up, altogether 336.375 liters of illicit foreign liquor was recovered.

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. He is merely a driver of the said vehicle. He was unaware of the alleged liquor in the vehicle. Nothing has been recovered from his possession. It has further been submitted that the witnesses of the seizure list are

Patna High Court CR. MISC. No.28225 of 2026(2) dt.04-05-2026 2/2 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 24.01.2026.

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 Gidhaur P.S. Case No. 13 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Excise Court-I, Jamui.

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