Brahmadev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40105 of 2026 Arising Out of PS. Case No.-196 Year-2026 Thana- RAJAOLI District- Nawada ====================================================== Brahmadev Yadav Son of Late Nundi Yadav Resident of Village- Gagan Khurd, P.S.- Rajauli, District- Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Rajauli P.S. Case No.196 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act , 2016.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 22 liters of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that the motorcycle in issue which is alleged to be involved in carrying illicit liquor was registered in the name of this petitioner, which was given to the neighbor of the petitioner, while he was not at home, which, without

Patna High Court CR. MISC. No.40105 of 2026(2) dt.22-06-2026 2/2 knowledge of this petitioner, was misused for carrying illicit liquor. Petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from conscious physical possession of this petitioner, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released 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 Exclusive Special Court, Excise-2, Nawada, in connection with Rajauli P.S. Case No.196 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

Chandra Shekhar Jha, J) aniket/- U T