Binod Yadav @ Ramashakar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42937 of 2026 Arising Out of PS. Case No.-42 Year-2026 Thana- Bhopatpur District- East Champaran ====================================================== Binod yadav @ Ramashakar Yadav, Son of Satya Narayan Yadav, Resident of village- Nayaka tola, Ps- Bhopatpur, Dist- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-07-2026 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 Bhopatpur P.S. Case No.42 of 2026 registered under Section 30(a) of the 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 86.4 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that the alleged recovery was made from a Car bearing Registration No. DL1CP-3562. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is also pointed out that the name of the

Patna High Court CR. MISC. No.42937 of 2026(2) dt.02-07-2026 2/2 petitioner surfaced solely on the disclosure statement made by co-accused, namely, Rahul Kumar and Chutun Kumar, who were apprehended from the spot. The petitioner has three criminal antecedent, in which, 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 of note of 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 Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise-I, East Champara, Motihari in connection with Bhopatpur P.S. Case No.42 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.) Raushan/- U T