Sunil Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38985 of 2026
                   Arising Out of PS. Case No.-136 Year-2026 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Sunil Kumar Yadav S/O Govindar Singh Yadav @ Govindra Singh Resident
                 of Village- Nawadih, Police Station- Koransarai, District- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manish Rai Sharma, Advocate
                 For the Opposite Party/s :      Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-06-2026                        Heard Mr. Manish Rai Sharma, learned counsel

                   for the petitioner and Mr. Md. Matloob Rab, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.04.2026 in connection with Buxar (M) P.S. Case No. 136 of

                   2026, F.I.R. dated 29.04.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 624.6 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has

                   been made from vehicle in question and the petitioner is not the
Patna High Court CR. MISC. No.38985 of 2026(2) dt.23-06-2026
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          owner of the vehicle in question. He further submits that seizure

          list witnesses are police personnel so there is non-compliance of

          Section 103 and 105 BNSS. The petitioner is in custody since

          29.04.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries two criminal antecedents other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in the said matters.

                       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

          Excise Spl. Excise Court No. 01, Buxar in connection with

          Buxar (M) P.S. Case No. 136 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.
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                                     ii. If the petitioner tampers with the evidence or the

                        witnesses, in that case, the prosecution will be at liberty to

                        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)
Suruchi /-

U       T