Ghoghan YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31978 of 2026
                      Arising Out of PS. Case No.-294 Year-2026 Thana- Excise P.S. District- Khagaria
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                 Ghoghan Yadav, S/o Arjun Yadav, Resident of Village- Pakrail, Widyarthi
                 Tola, P.S.- Maheshkhut, District- Khagaria.
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                               .. ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amit Prakash, Adv.
                 For the Opposite Party/s :         Ms.Veena Kumari Jaiswal, APP
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                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                  1. At the outset, petitioner's counsel is permitted to

                   make necessary correction with regard to the address of the

                   petitioner on the first page of the petition during the course of

                   day.

                                2. Heard the parties

                                3. The petitioner seeks regular bail in connection with

                   Khagaria Excise P. S. Case No. 294 of 2026 registered for the

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

                   Excise Act.

                                4. The main submissions advanced by the petitioner's

                   counsel are that the petitioner is innocent and has been falsely

                   implicated in the present case and the petitioner has no criminal

                   antecedent and has been languishing in jail since 14.04.2026

                   and further the alleged recovery of foreign liquor was not made

                   from the conscious possession of the petitioner rather as per the
              Patna High Court CR. MISC. No.31978 of 2026(2) dt.12-05-2026
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                        FIR itself, the alleged bags and trolley bag were lying on road

                        after being allegedly thrown. It is further submitted that there is

                        no independent witnesses to the seizure list and the seizure list

                        bears the FIR number on its top, which clearly indicates that the

                        seizure list was prepared subsequently at the police station not at

                        the place of occurrence and no videography or photography of

                        the alleged search and seizure was conducted thereby violating

                        the mandatory provision of Section 105 of BNSS.

                                     5. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioner.

                                     6. In the facts and circumstances of this case and

                        considering the statements made in the petition as well as above

                        submissions, coupled with petitioner's clean antecedent, nature

                        of allegation and the custody period, this court is inclined to

                        enlarge the petitioner on bail, accordingly, let the petitioner

                        named-above be enlarged on bail in connection with Khagaria

                        Excise P. S. Case No. 294 of 2026 on furnishing bail bond of

                        Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

                        like amount each to the satisfaction of the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T