Niranjan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29596 of 2026 Arising Out of PS. Case No.-116 Year-2025 Thana- HARPUR District- Munger ====================================================== Niranjan Kumar Yadav, S/o Haridwar Yadav, Resident of Village- Vadla (Badla), P.S.- Velhar (Belhar), Dist.- Banka. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Surya Narayan Sah, Advocate For the State :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Harpur P.S. Case No.116 of 2025, dated28.12.2025, registered for the offences punishable under Sections 30(a)/ 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation, 18 liter of country made liquor has been recovered from two motorcyclist riding motorcycle and as per the further case of the production, the motorcycle belongs to the Petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that even as per the FIR, the Petitioner
Patna High Court CR. MISC. No.29596 of 2026(2) dt.06-05-2026 2/3 was not present at the time of recovery of the contraband. The only allegation against the Petitioner is that the motorcycle in question belongs to him. However, the motorcycle of the Petitioner was already stolen.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the quantity of the alleged contraband and the submission of the Petitioner that his motorcycle was already stolen, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Harpur P.S. Case No.116 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on
Patna High Court CR. MISC. No.29596 of 2026(2) dt.06-05-2026 3/3 the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T