Nehru YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38087 of 2026
                     Arising Out of PS. Case No.-242 Year-2026 Thana- Excise P.S. District- Lakhisarai
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                 Nehru Yadav Son of Late Jagdhish Yadav Resident of Village - Pachena, P.S -
                 Lakhisarai, Dist. - Lakhisarai

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :         Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :         Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                     Heard Mr. Manoj Kumar, learned counsel for the

                   petitioner and Mr. Bishweshwar Ram, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   28.04.2026, in connection with Lakhisarai Excise P.S. Case No.

                   242C2 of 2026, F.I.R. dated 27.04.2026                        registered for the

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

                   & Excise Act.

                                3. Recovery is of 02.100 litres of illicit 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 the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not

                   committed any offence as alleged in the F.I.R. As per F.I.R.,

                   altogether 02.100 litres of illicit liquor was recovered from the
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          house in question. He further submits that the petitioner is not

          the absolute owner of the house in question and the seizure list

          witnesses are police personnel so there is non-compliance of

          Sections 103 and 105 of BNSS, 2023 and the petitioner is in

          custody since 28.04.2026.

                       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 five more cases

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

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

          petitioner is on bail in four 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 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 District & Additional Sessions Court-

          VII-cum-Exclusive Special Excise Court-II, Lakhisarai in

          connection with Lakhisarai Excise P.S. Case No. 242C2 of

          2026, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be
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                     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.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

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