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Patna High CourtCR. MISC./28905/2026allowed

Pravin Kumar Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28905 of 2026 Arising Out of PS. Case No.-152 Year-2026 Thana- BABUBARHI District- Madhubani ====================================================== 1.

Pravin Kumar Yadav S/O Suryanarayan Yadav Resident of VillagePachahar, P.S.- Jaynagar, Dist.- Madhubani 2.

Amresh Kumar S/O Prasad Binod Yadav @ Vinod Prasad Yadav Resident of Village- Pachahar, P.S.- Jaynagar, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah, Advocate Mr. Sumit Kumar Singh, Advocate Ms. Archna Aanand, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-05-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 565.5 liters of illicit Nepali liquor was recovered from the two vehicles.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Nothing has been recovered from their possession. It has further been submitted that the witnesses of the seizure list are

Patna High Court CR. MISC. No.28905 of 2026(2) dt.05-05-2026 2/2 police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. It has further been submitted that they are not concerned in any way with the alleged liquor and vehicles. They are only the passerby. They are having no criminal antecedent and they are in judicial custody since 24.03.2026.

5. Learned APP appearing for the State has vehemently opposed the application for 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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Act, Madhubani in connection with Babubarhi P.S. Case No. 152 of 2026.

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