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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50703 of 2026 Arising Out of PS. Case No.-146 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== Sanjay Yadav @ Sanjay Kumar Yadav Son of Rajendra Yadav Resident of village - Sonar Chak, Ps- Salaiya Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== 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 Mr. Chandra Bhushan Prasad.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases, out of which, five cases are under the Excise Act and petitioner is in custody since 15.06.2026 and allegation is of recovery of 5 litres of liquor from a bush and 5 quintal of Jawa Mahua from different parts of the mountainous area. 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

Patna High Court CR. MISC. No.50703 of 2026(2) dt.24-07-2026 2/2 to villagers at large but then he came to be implicated at the instance of local person but then it is 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 Salaiya P.S. Case No.146 of 2023.

(Satyavrat Verma, J) amit/- U T