Niraj Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15007 of 2026
                 Arising Out of PS. Case No.-28 Year-2026 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Niraj Kumar Yadav Son of Shivdayal Yadav @ Shivdayal Roy Resident of
                 Village - Jaisinghpur Chilraw, P.S. - Turkauliya, Dist. - East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Abhishek Kumar, Advocate
                 For the State           :       Mrs. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   16-03-2026                     Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner and Mrs. Shaheen Begum, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   17.01.2026, in connection with Turkauliya P.S. Case No. 28 of

                   2026, F.I.R. dated 16.01.2026               registered for the offences

                   punishable under Sections 274, 275, 3(5) of the B.N.S. and

                   Section 30(a) of the Bihar Prohibition & Excise Act.

                                 3. Recovery is of 284.985 litres of foreign liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that altogether 284.985 lires of foreign

                   liquor was recovered from the possession of co-accused persons

                   namely, Nand Lal Rai and the Poultry Farm of Masum Ali.
Patna High Court CR. MISC. No.15007 of 2026(2) dt.16-03-2026
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          Although the petitioner was apprehended from the place of

          occurrence and there is no recovery from the possession of the

          petitioner or the house of the petitioner and he has been made

          accused merely on the basis of suspicion and there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 17.01.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries one more case

          of similar nature other than the present one but fairly submits on

          the basis of paragraph-3 of the bail petition that the petitioner is

          on bail in the pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession or the house of the petitioner rather recovery has

          been made from the possession of co-accused persons and

          petitioner has been made accused merely on the basis of

          suspicion and there is non-compliance of Sections 103 and 105

          of the BNSS, 2023, let the petitioner, above named, 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 learned Exclusive Special Excise Court No. 01,
               Patna High Court CR. MISC. No.15007 of 2026(2) dt.16-03-2026
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                         East Champaran, Motihari in connection with Turkauliya P.S.

                         Case No. 28 of 2026, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T