Rohit Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32169 of 2026
                     Arising Out of PS. Case No.-75 Year-2026 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Rohit Kumar Yadav S/O Sree Indrajeet Yadav R/O Village- Ghat Madhiya,
                 P.S.- Basopatti, Distt.- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah
                 For the Opposite Party/s :       Mr. Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-05-2026                         Heard Mr. Bhavesh Kumar Sah, learned counsel

                   for the petitioner and Mr. Yogendra Kumar Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   01.03.2026 in connection with Harlakhi P.S. Case No. 75 of

                   2026 for the offence punishable under Sections 274, 275 and

                   3(5) of the BNS and Section 30(a) of the Bihar Prohibition and

                   Excise Amendment Act.

                               3. The case of the prosecution, in short, is that the

                   allegation against the petitioner is of recovery of 378 liters of

                   illegal Nepali liquor from the sack loaded on two motorcycles.

                               4.     Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and it appears from the FIR that

                   nothing has been recovered from the conscious possession of
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          the petitioner and recovery of 378 liters of illegal Nepali liquor

          has been made from the sack loaded on two motorcycles. It is

          next submitted that petitioner is not the owner of the motorcycle

          in question and he has been made an accused in the present case

          on the basis of suspicion and the petitioner has no role at all

          with the alleged recovery of liquor or motorcycle in question

          and petitioner is in custody since 01.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge Excise, Madhubani in connection with Harlakhi

          P.S. Case No. 75 of 2026, subject to the following conditions:-

                       i. 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.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to
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                     move for cancellation of bail.

                                  iii. 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 antecedent, 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)
Gaurav Sinha/-

U      T