Chhotan YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32069 of 2026
                       Arising Out of PS. Case No.-75 Year-2026 Thana- RAJAOLI District- Nawada
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                 Chhotan Yadav S/o Baalchand Yadav R/o Village - Bara, PS - Rajauli, District
                 - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Suruchi Anand, Adv.
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                  Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Rajauli P.S. Case No. 75/ 2026 registered for the offence(s)

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

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. It is submitted that the petitioner was neither

                   apprehended from the spot nor any recovery was made from his

                   conscious possession. Learned counsel further submits that the

                   alleged liquor was recovered from an open place, i.e. rocky

                   bushes and not from any place belonging to or occupied by the

                   petitioner. It is also submitted that no independent witness

                   supported the seizure and the mandatory provision of section
            Patna High Court CR. MISC. No.32069 of 2026(2) dt.12-05-2026
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                      103(4) of the BNSS has not been complied with. The petitioner

                      has one antecedent in which he is already on bail and is in

                      custody since 17.03.2026.

                                   4. The learned APP appearing for the State has

                      opposed the bail prayer of the petitioner.

                                   5. In the facts and circumstances of this case and

                      considering the aforesaid submissions advanced by the

                      petitioner’s counsel as well as averments made in this petition

                      coupled with the fact that recovery witnesses are police

                      personnel, so, release of the petitioner on bail will not affect the

                      prosecution in any manner, this court is inclined to release the

                      petitioner on bail. Accordingly, let the petitioner named-above

                      be released on bail in connection with Rajauli P.S. Case No. 75/

                      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)
BKS/-

U       T