Ganesh Yadav @ Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48782 of 2026 Arising Out of PS. Case No.-161 Year-2025 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

Ganesh Yadav @ Ganesh Kumar S/o Khuseshwar Yadav R/o Village - Bela Srinagar Moti, P.S. - Nirmali, District - Supaul. 2.

Sharvan Yadav @ Sharvan Kumar Yadav S/o Prithwi Yadav @ Prity Yadav S/o Prithvi Yadav @ Prity Yadav, R/o Village - Bela Srinagar Moti, P.S. - Nirmali, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 22-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Andharamath P.S. Case No. 161 of 2025 dated 19.09.2025 registered for the offences punishable under Sections 274, 275 and 3(5) of the Bhartiya Nyaya Sanhita.

3. As per the allegation, a car and a motorcycle were intercepted, the driver of both the vehicles managed to flee away and from the car altogether 532.500 liters of foreign liquor was recovered, while from the motorcycle altogether 569.400 liters of liquor was recovered.

4. Learned counsel for the petitioners have submitted

Patna High Court CR. MISC. No.48782 of 2026(2) dt.22-07-2026 2/3 that the car and the motorcycle from which the alleged recoveries have been made does not belong to any of the petitioners. It has further been submitted that except the information to the police that these two petitioners were driving the respective vehicles, there are no materials against the petitioners. It has further been submitted that the petitioners were not arrested at the spot. It has further been submitted that procedure prescribed under Section 105 BNSS has not been followed. It has lastly been submitted that petitioner no.1 has got no criminal antecedent, while the petitioner no. 2 was made accused in one another case but not of similar nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Heard the learned counsel for the parties and perused the record.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of material against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.48782 of 2026(2) dt.22-07-2026 3/3 Exclusive Special Judge, (Excise), Jhanjharpur, Madhubani in connection with Andharamath P.S. Case No. 161 of 2025, subject to conditions as laid down under section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) aarti/- U T