IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27471 of 2026 Arising Out of PS. Case No.-22 Year-2026 Thana- Bahera District- Gaya ====================================================== Hriday Yadav, Son of Kesho Yadav, R/o Pokhariya, P.S.- Barachatti, Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhay Kumar Singh, Adv. For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 4 13-05-2026 Heard Mr. Abhay Kumar Singh, learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Bahera P.S. Case No. 22 of 2026 for the offence punishable under sections 30 (a) of the Bihar Excise and Prohibition Act, lodged on 26.01.2026 by the informant. 3. As per the prosecution case, 218.175 litres of illicit liquor has been recovered. 4. Learned counsel for the petitioner submits that altogether 134.675 litres of illicit foreign liquors and 83.75 litres of beer have been recovered from five different motor-cycles. The petitioner is connected with the motor-cycle i.e. Hero Splendour-I Smart bearing Registration No. BR-02AA-1280 from where 1.875 litres foreign liquor is said to have been Patna High Court CR. MISC. No.27471 of 2026(4) dt.13-05-2026 2/3 recovered from the motor-cycle and it is the case of the petitioner that the petitioner has parked his motor-cycle on road side to fetch groceries during which the incident is said to have taken place and the petitioner is not at all aware of the fact as to how the said liquor was there. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and no recovery has been made from the constructive possession of the petitioner. 5. Learned APP opposes the prayer for anticipatory bail. 6. Considering the fact that the incident is said to have taken place while the petitioner has parked his motorcycle on the side of the road and has gone to fetch groceries, he has got no criminal antecedent and no recovery has been made from the constructive possession of the petitioner, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Excise, Court No.- 5, Gaya in connection with aforesaid PS Case, Patna High Court CR. MISC. No.27471 of 2026(4) dt.13-05-2026 3/3 subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. perwez/Suryadev (Ajit Kumar, J) U T