Surendra Kumar Yadav @ Surendra YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16827 of 2026
                    Arising Out of PS. Case No.-23 Year-2026 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
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                 Surendra Kumar Yadav @ Surendra Yadav S/O Bindeshwari Yadav R/O
                 Village - Bahorwa,P.S - Kusheshwar Sthan, District - Darbhanga
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Nawal Kishor Prasad, Advocate
                 For the State          :        Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                     Heard Mr. Nawal Kishor Prasad, learned counsel for

                   the petitioner and Mr. Mithlesh Kumar Khare, learned APP for

                   the State.

                                 2. Petitioner seeks bail, who is in custody since

                   20.02.2026, in connection with Kusheshwar Asthan P.S. Case

                   No. 23 of 2025, F.I.R. dated 02.02.2026                 registered for the

                   offences punishable under Section 281 of the B.N.S., 2023 and

                   Section 30(a) of the Bihar Prohibition & Excise Act, 2022

                   (Amended).

                                 3. Recovery is of 3293.40 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.

                   that the name of the petitioner has been transpired on the basis
Patna High Court CR. MISC. No.16827 of 2026(2) dt.17-03-2026
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          of suspicion and nothing has been recovered from the conscious

          possession of the petitioner rather recovery has been made from

          the truck in question. He further submits that the petitioner is

          neither the owner of the truck nor the driver of the truck in

          question and due to his previous criminal antecedent of similar

          nature the petitioner has been made accused in the present case

          and there is non-compliance of Sections 103 and 105 of BNSS,

          2023 and the petitioner is in custody since 20.02.2026.

                       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 three more

          cases other than the present one but fairly submits on the basis

          of paragraph-3 of the bail petition that out of four cases, the

          petitioner is on bail in three cases and one case is pending for

          consideration before the competent court of law.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner 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
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                         Judge-II      (Excise Act),         Darbhanga        in   connection   with

                         Kusheshwar Asthan P.S. Case No. 23 of 2025, 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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T