Avinash Yadav @ Avinash Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25422 of 2026
                   Arising Out of PS. Case No.-94 Year-2026 Thana- NAUTAN District- West Champaran
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                 Avinash Yadav @ Avinash Kumar Yadav, Aged about- 28 years, Gender-Male,
                 Son of Ramashankar Yadav, Resident of Village - Shivrajpur, Ward No. 16,
                 P.S. - Nautan, District - West Champaran, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mayank Mohan, Advocate
                 For the Opposite Party/s :        Mr. Md. Nazir Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                                Heard Mr. Mayank Mohan, learned counsel

                   appearing on behalf of the petitioner and Mr. Md. Nazir Ansari,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Nautan P.S. Case No. 94 of 2026 registered for the offence

                   punishable under Section 30 (a) of the Bihar Prohibition and

                   Excise Act as amended up-to-date.

                                3. Allegation is of recovery of 53.6 litres of illicit

                   liquor from a plastic sack allegedly thrown by the petitioner

                   near the Shivrajpur canal.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated

                   in the present case. Petitioner has no concern with the alleged
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          seized liquor nor he is involved in trade or consumption of illicit

          liquor in any manner. The recovery was made from near the

          Shivrajpur canal, which is an open place and easily accessible to

          anyone. On these grounds, petitioner seeks to be released on

          pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       6. Considering the rival submissions made on behalf

          of the parties, as well as, the fact that the recovery of 53.6 litres

          of illicit liquor was made from near the Shivrajpur canal, which

          is an open place and easily accessible to any one and also the

          fact that the State has failed to implement its liquor policy in its

          true spirit, the petitioner, above named, is directed to be released

          on pre-arrest bail, in the event of his/her arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned District Court where the case is

          pending, in connection with Nautan P.S. Case No. 94 of 2026,

          subject to the condition as laid down under Section 482(2) of

          the BNSS.

                       7. The learned District Court is directed to verify
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                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.

                                     8. If the petitioner is again found to be involved in any

                        case instituted under Section 30 of the Bihar Prohibition and

                        Excise Act, the Superintendent of Police must direct the

                        Investigating Officer concerned to take the petitioner into

                        custody in accordance with law.

                                     9. The present bail application is disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T