IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51916 of 2026 Arising Out of PS. Case No.-234 Year-2026 Thana- KALYANPUR District- East Champaran ====================================================== Binod yadav son of Rambabu Ray Resident of Village- Siswakharar Ps- Kalyanpur, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 2 29-07-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor on behalf of the State. 2. The Petitioner has been made accused under the provisions of Section 30(a), 41(1) of the Bihar Prohibition and Excise Act and under section 111(2) of BNS, in connection with Kalyanpur P.S. Case No. 234 of 2026. 3. As per the allegation in FIR, 200 litres of spirit has been recovered from the bush, it is alleged that the accused persons fled away. 4. Learned counsel for the petitioner submits that he has been falsely implicated in this case, he next submits that 200 litres of spirit was recovered from the bush and not from his conscious possession, he has been made an accused on the basis of the disclosure by Chowkidar. Further contention is that provisions of Patna High Court CR. MISC. No.51916 of 2026(2) dt.29-07-2026 2/3 section 103 and 105 of BNSS has not been followed with. Learned counsel further submitted that the petitioner has a clean antecedent and he is languishing in custody since 09.06.2026. 5. Learned APP on behalf of the State has opposed the bail application. 6. Taking into consideration the aforesaid facts, the prayer for bail is allowed and the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-3, I/c Civil Court, East Champaran at Motihari, Bihar-845401 in connection with Kalyanpur P.S. Case No. 234 of 2026, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial. (ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife. (iii) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any other case except the present one, his bail bond shall not be accepted. (iv) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, Patna High Court CR. MISC. No.51916 of 2026(2) dt.29-07-2026 3/3 the learned court below will be at liberty to cancel the bail bond of the petitioner. (v) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner. ashutosh/- (Raj Kumar, J) U