Hemant YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41026 of 2026
                     Arising Out of PS. Case No.-83 Year-2026 Thana- VIJAYEPUR District- Gopalganj
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                 Hemant Yadav Son of Vijaymal Yadav @ Vijaimal Yadav Resident of Village-
                 Jaywaliya, P.S.- Vijayipur, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha, Adv.
                 For the Opposite Party/s :       Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   01-07-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Vijayipur (Vijaipur) P.S. Case No. 83 of 2026, registered

                   for the offences punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. Allegedly, in course of vehicle checking, the police

                   intercepted a pick-up van bearing Registration No. UP52CT-

                   1665. However, noticing the police party, the driver of the said

                   vehicle fled away taking advantage of the darkness by leaving

                   the pick-up van. On search, altogether 8 cattle were found over

                   the pick-up van, besides 95 liters of country made chulai liquor.

                                4. Learned Advocate for the petitioner submitted that

                   the vehicle, in question, was being run by the driver on rent and
Patna High Court CR. MISC. No.41026 of 2026(2) dt.01-07-2026
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          only on account of the fact that the petitioner being owner of

          such pick-up van, his name has been implicated in this case.

          During the course of investigation, no material has been

          collected that the petitioner was aware with respect to

          trafficking of cattle or illicit wine and, as such, because of the

          fault of the driver, the petitioner has been implicated in this

          case. The petitioner has not been identified by any of the police

          personnels nor his presence at the place of occurrence has been

          reported by any of the independent person. The petitioner bears

          fair antecedent and he undertakes that he will fully co-operate in

          the proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          petitioner, being owner of the vehicle, from where all the

          incriminating materials have been recovered, his complicity

          cannot be denied.

                       6. Regard being had to the submissions made on

          behalf of the parties and considering the materials available on

          record that save and except the petitioner being owner of the

          vehicle, in question, there is no other material suggesting the

          nexus of the petitioner with the present crime, coupled with the

          fair antecedent of the petitioner and his undertaking that he will
            Patna High Court CR. MISC. No.41026 of 2026(2) dt.01-07-2026
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                      fully co-operate in the proceeding of the Court, let the petitioner

                      above named be released on bail, in the event of his arrest or

                      surrender before the court below within a period of four weeks

                      from the date of receipt/production of a copy of this order, upon

                      furnishing bail bonds of Rs.20,000/- (twenty thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Court of Exclusive Special Excise Court No.-III, Gopalganj in

                      connection with Vijayipur (Vijaipur) P.S. Case No. 83 of 2026,

                      subject to the conditions laid down in Section 482(2) of the

                      Bharatiya Nagrik Suraksha Sanhita, 2023 with the further

                      condition that one of the bailors shall be the own/close family

                      members of the petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T