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2026 DAILYLAW 29172 (PAT)

Garib yadav v. The State of Bihar

CR. MISC./56152/2026 · 2026-08-13

Ranjan Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56152 of 2026 Arising Out of PS. Case No.-62 Year-2022 Thana- SAKRI District- Madhubani ====================================================== Garib yadav S/o Lalo Yadav R/o Village - Sanpo, Aliganj, P.S - Chandradeep, District - Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Gagan Dev Yadav, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 2 13-08-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. 2. The petitioner is apprehending his arrest in connection with Sakri P.S. Case No. 62 of 2022 registered for the offences punishable under Sections 272, 273 of IPC 30(a), 38(i) and 41(i) of Bihar Prohibition and Excise Act, 2018. 3. The allegation in the FIR is that 1,026 litres of foreign liquor was recovered from a truck bearing Registration No. BR02Q7077. The FIR further alleges that the driver of the truck was apprehended at the spot and that the petitioner has been arrayed as an accused on account of being Patna High Court CR. MISC. No.56152 of 2026(2) dt.13-08-2026 2/3 the owner of the said truck. 4. Learned counsel for the petitioner submits that he has been falsely implicated in the present case and is in no way connected with the alleged illegal activity. He further submits that although the petitioner is the owner of the truck but he was not involved in any illegal activity. It is also submitted that the driver, who was apprehended at the spot, was engaged in the alleged illegal activity without the knowledge of the petitioner. He further submits that the petitioner is 56 years old having clean antecedent. 5. Learned APP appearing for the State has vehemently opposed the prayer for anticipatory bail. 6. Having considered the rival submissions of the parties, and in particular the fact that no recovery has been made from the physical possession of the petitioner, petitioner's name has surfaced solely on the ground that he is the owner of the vehicle, and clean antecedent of the petitioner, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each of the satisfaction of Patna High Court CR. MISC. No.56152 of 2026(2) dt.13-08-2026 3/3 learned Additional Special Judge II-cum-Special Judge, Excise Act, Madhubani/concerned court, in connection with Sakri P.S. Case No. 62 of 2022, subject to the conditions as laid down under Section 482(2) of the BNSS. rishabh/- (Ranjan Kumar Jha, J) U T