Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32786 of 2026 Arising Out of PS. Case No.-106 Year-2026 Thana- KHAIRA District- Jamui ====================================================== Bablu Yadav S/o Late Baleshwar Yadav R/o Village - Dumarkola, P.S - Khaira, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Mohan For the Opposite Party/s :

Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2026 Heard Mr. Madan Mohan, learned counsel for the petitioner and Ms. Indu Kumari Srivastava, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 20.03.2026 in connection with Khaira P.S. Case No. 106 of 2026 for the offences punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in brief, is that the allegation against the petitioner is that 87.5 litres foreign liquor has been recovered from E-rickshaw without Reg. Number, which was transported driven by the petitioner Bablu Yadav.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and it appears from the FIR and seizure list that nothing has been recovered from the conscious

Patna High Court CR. MISC. No.32786 of 2026(2) dt.13-05-2026 2/3 possession of the petitioner rather the recovery has been made from the E-rickshaw in question and the recovery is of 87.5 litres of foreign liquor and petitioner is in custody since 20.03.2026.

5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances and that petitioner has clean antecedent and nothing has been recovered from the conscious possession of the petitioner, 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 the learned Exclusive Special Excise Court-I, Jamui in connection with Khaira P.S. Case No. 106 of 2026, subject to 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 absence on two consecutive dates without sufficient reason, his 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.

Patna High Court CR. MISC. No.32786 of 2026(2) dt.13-05-2026 3/3 iii. And further condition that the court below shall 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) Gaurav Sinha/- U T