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2026 DAILYLAW 14883 (PAT)

Paras Yadav @ Paras Kumar Yadav v. The State of Bihar

CR. MISC./33455/2026 · 2026-05-14

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33455 of 2026 Arising Out of PS. Case No.-33 Year-2026 Thana- Sonki District- Darbhanga ====================================================== Paras Yadav @ Paras Kumar Yadav S/o Late Upendra Yadav Resident of Village- Sahila P.S.- Sadar (Sonki), District- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Baidyanath Prasad, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 14-05-2026 Heard Mr.Baidyanath Prasad, learned counsel for the petitioner and Mr.Shailendra Kumar, learned A.P.P. for the State. 2. The petitioner seeks bail, who is in custody since 16.03.2026 in connection with Sonki P.S. Case No. 33 of 2026, F.I.R. dated 14.03.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3.Recovery is of 194.700 liters of Nepali liquor. 4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. It appears from the FIR as well as seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the open place. The name of the petitioner has been transpired during Patna High Court CR. MISC. No.33455 of 2026(2) dt.14-05-2026 2/3 investigation on the basis of the disclosure made by the local chowkidar and the said chowkidar has stated that the petitioner has fled away from the place of occurrence and altogether 194.700 liters of nepali liquor has been recovered from the place of occurrence 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 16.03.2026. 5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one, out of three cases, the petitioner is on bail in two cases and in rest one case, the petitioner has been acquitted, as mentioned in para-3 of the bail petition. 6. Considering the aforesaid fact and nothing has been recovered from conscious possession of the petitioner, 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 learned Special Judge- 1st (Excise Act) Darbhanga in connection with Sonki P.S. Case No. 33 of 2026, with 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 Patna High Court CR. MISC. No.33455 of 2026(2) dt.14-05-2026 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (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. Nitesh/- (Rajesh Kumar Verma, J) U T