AMOD KUMAR YADAVversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38092 of 2026
                    Arising Out of PS. Case No.-89 Year-2026 Thana- SINGHWARA District- Darbhanga
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                 AMOD KUMAR YADAV Son of Dasrath Roy @ Dashrath Ray Resident of
                 Village- Chainpur, Post- Paharpur, P.S.- Garkha, District- Saran (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhijeet Gautam, Advocate
                 For the Opposite Party/s :      Mr. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-06-2026                    Heard Mr. Abhijeet Gautam, learned counsel for the

                   petitioner and Mr. Asha Kumari, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   14.03.2026, in connection with Singhwara P.S. Case No. 89 of

                   2026, F.I.R. dated 13.03.2026               registered for the offences

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

                   Excise Act, 2022 and Sections 317(4), 317(5), 336(2), 340(2),

                   61(2), 336(3) of the B.N.S.

                                3. Recovery is of 345.6 litres of foreign liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent 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.
Patna High Court CR. MISC. No.38092 of 2026(2) dt.17-06-2026
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          It appears from the F.I.R. as well as seizure list that altogether

          345.6 litres of foreign liquor was recovered from the pick-up

          van in question and petitioner is not the owner of the pick-up

          van in question. It appears from the seizure list that the seizure

          list witnesses are police personnel so there is non-compliance

          of Sections 103 and 105 of BNSS, 2023. He further submits

          that the police after investigation submitted chargesheet against

          the petitioner and the petitioner is in custody since 14.03.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent 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 Exclusive Special Judge-II (Excise Act), Darbhanga in

          connection with Singhwara P.S. Case No. 89 of 2026, subject to

          the following conditions :-

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

          properly represented on each and every date fixed by the Court
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                         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//-

U          T