Barun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42195 of 2026 Arising Out of PS. Case No.-217 Year-2026 Thana- RAJNAGAR District- Madhubani ====================================================== Barun Yadav S/o Kailash Yadav Resident of Village- Bhowara, Mishariganj, P.S. -Madhubani Town, District -Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shailendra Kumar Jha, Advocate For the Opposite Party :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2026 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 Rajnagar P.S. Case No.217 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 630 litres of IMFL/country-made liquor.

4. It is submitted that the alleged recovery was made from a field, which is an open place accessible to general public. It is submitted by learned counsel appearing

Patna High Court CR. MISC. No.42195 of 2026(2) dt.01-07-2026 2/3 for the petitioner that the name of petitioner arrayed due to confessional statement of a co-accused, namely, Bhulla yadav. It is also submitted that the petitioner was not present at the spot. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. It is further argued that no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. Explaining criminal antecedent, it is submitted that the petitioner found involved in one criminal case, where he is on bail.

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

6. In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from 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

Patna High Court CR. MISC. No.42195 of 2026(2) dt.01-07-2026 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court, Madhubani, in connection with Rajnagar P.S. Case No.217 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