Jay Jay Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36897 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- EXCISE MANJHAUL District- Begusarai ====================================================== Jay Jay Ram Yadav S/o Late Durga Yadav Resident of Village- Nagar Parishad Bakhri, Ward No. 10 (at present Ward No. 15), P.S.- Bakhri, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Binode Bariar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2026 Heard Mr. Kumar Binode Bariar, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 04.04.2026 in connection with Begusarai Manjhaul Excise P.S. Case No. 55 of 2026, F.I.R. dated 04.04.2026 for the offences punishable under Sections 30(a), 32(3) and 45 of the Bihar Prohibition and Excise (Amend) Act, 2018.

3. Recovery is of 69.120 liters of illicit foreign liquor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been

Patna High Court CR. MISC. No.36897 of 2026(2) dt.16-06-2026 2/3 recovered from the conscious possession of the petitioner rather the recovery has been made from the thela in question and petitioner has been made accused merely on the ground that he is owner of thela in question. It appears from the seizure list that there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 04.04.2026.

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

6. Considering the aforesaid facts and circumstances, 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 Judge-II, Begusarai in connection with Begusarai Manjhaul Excise P.S. Case No. 55 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

Patna High Court CR. MISC. No.36897 of 2026(2) dt.16-06-2026 3/3 move for cancellation of bail.

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) Vanisha/- U T