Durgesh Yadav @ Durgesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50923 of 2026 Arising Out of PS. Case No.-383 Year-2025 Thana- LADANIA District- Madhubani ====================================================== Durgesh Yadav @ Durgesh Kumar Yadav Son of Sunil Yadav @ Sunil Kumar Yadav Resident of Village- Bishanpur, P.S.- Ladania, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 274, 275, 132, 352, 3(5) of BNS and Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Learned counsel for the petitioner submits that petitioner has antecedent of seven cases, out of which, five cases are under the Excise Act and is in custody since 15.05.2026 and allegation is of recovery of 270 litres of liquor from a Mango orchard. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to villagers at

Patna High Court CR. MISC. No.50923 of 2026(2) dt.24-07-2026 2/2 large and he came to be implicated at the instance of chowkidar with whom he is on an inimical term. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation. It is next submitted that petitioner in similar manner earlier also came to be implicated in cases relating to excise.

4. Learned A.P.P. opposes the prayer for bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs.5000/- (Rupees five thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ladania P.S. Case No.383 of 2025.

(Satyavrat Verma, J) amit/- U T