Yogi Yadav @ Bhogi Yadav @ Yogendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35893 of 2026 Arising Out of PS. Case No.-581 Year-2022 Thana- KAUWAKOL District- Nawada ====================================================== Yogi Yadav @ Bhogi Yadav @ Yogendra Kumar Son of Suresh Yadav Resident of village - Guaghoghara, P.S.- Kawakol, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Nand Kumar, 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 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Perusal of the first information report and the seizure list would go to show that 200 liters of Mahua liquor is said to have been recovered from a car.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious or physical possession of the petitioner. The petitioner is neither the owner nor the driver of the said car. The petitioner happens to be a simple commuter and had no knowledge of keeping of the said liquor in the car. There is violation of the mandatory provisions

Patna High Court CR. MISC. No.35893 of 2026(2) dt.08-06-2026 2/2 of the search and seizure as there is no independent witness to the seizure list. Petitioner has been languishing in custody since 06.05.2026.

5. Taking into consideration the fact and circumstances of the case and also considering the fact that there is recovery from the conscious and physical possession of the petitioner and he has no concern with the seized car or the liquor, 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 Kawakol P.S. Case No. 581 of 2022, 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