Binod yadav @ Ramashakar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42937 of 2026
                    Arising Out of PS. Case No.-42 Year-2026 Thana- Bhopatpur District- East Champaran
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                 Binod yadav @ Ramashakar Yadav, Son of Satya Narayan Yadav, Resident of
                 village- Nayaka tola, Ps- Bhopatpur, Dist- East Champaran
                                                                                ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   02-07-2026                            Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with                      Bhopatpur P.S.

                   Case No.42 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 86.4 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the alleged recovery was made from a Car

                   bearing Registration No. DL1CP-3562. It is further submitted

                   that nothing has been recovered from the conscious possession

                   of the petitioner. It is also pointed out that the name of the
            Patna High Court CR. MISC. No.42937 of 2026(2) dt.02-07-2026
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                      petitioner surfaced solely on the disclosure statement made by

                      co-accused, namely, Rahul Kumar and Chutun Kumar, who

                      were apprehended from the spot. The petitioner has three

                      criminal antecedent, in which, he is on bail.

                                   5. Learned APP opposed the prayer of anticipatory

                      bail to the petitioner.

                                   6. In view of aforesaid factual submissions and by

                      taking of note of fact as recovery of illicit liquor prima facie not

                      appears to be made from physical possession of this petitioner,

                      accordingly, the petitioner above-named, in the event of his

                      arrest or surrender in the court below within a period of four

                      weeks from today, is directed to 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

                      the learned Special Judge Excise-I, East Champara, Motihari in

                      connection with Bhopatpur P.S. Case No.42 of 2026, subject

                      to the conditions as laid down under Section 438(2) of the

                      CrPC/under Section 482(2) of the BNSS.


                                                         (Chandra Shekhar Jha, J.)
    Raushan/-

U       T