Ratnesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35907 of 2026 Arising Out of PS. Case No.-53 Year-2026 Thana- MADHWAPUR District- Madhubani ====================================================== Ratnesh Kumar Yadav S/o Ram Prakash Ray R/o Village- Diwari P.SSursand, Dist- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md Soban Asghar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 274 and 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list would go to show that 108 liters of Nepali liquor is said to have been recovered from a motorcycle.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious or physical possession of the petitioner. It is further submitted that the petitioner is neither the owner of the said motorcycle nor has any concern with the seized liquor. There is violation of the mandatory provisions of the search and seizure as there is no

Patna High Court CR. MISC. No.35907 of 2026(2) dt.08-06-2026 2/2 independent witness to the seizure list. Petitioner has been languishing in custody since 24.03.2026.

5. Taking into consideration the fact and circumstances of the case and also considering the fact that there is no recovery from the conscious possession of the petitioner and also he is not the owner of the said motorcycle, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Madhwapur (Madhawpur) P.S. Case No. 53 of 2026, subject to the further condition that:

(i) The petitioner shall cooperate in the investigation/ trial.

(ii) The one of the bailors will be a family member/ close relative.

(Soni Shrivastava, J.) Trivedi/- U T