IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58817 of 2026 Arising Out of PS. Case No.-17 Year-2026 Thana- SAHARGHAT District- Madhubani ====================================================== Jitendra Yadav @ Jitan Yadav S/O Bharat Yadav R/o Vill-Nariyal Tol, Barahi, P.S-Keoti, Distt- Darbhanga ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Kumari Pallavi, Adv. For the Opposite Party/s : Mr. M. K. Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 19-08-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Saharghat P.S. Case No. 17 of 2026, registered for the offences punishable under Sections 274, 275, 3(5) of the BNS and Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. Acting on a tip off regarding trafficking of illicit liquor across the Indo-Nepal border using rubber tubes via the river, the police conducted a raid and apprehended two persons and in course of search at the bank of the river, 22 motorcycles and three rubber tubes, besides mobile phone were seized. The police also in course of search recovered 1845 litres illicit wine. 4. Learned Advocate for the petitioner submitted that Patna High Court CR. MISC. No.58817 of 2026(2) dt.19-08-2026 2/3 the name of the petitioner has been implicated only by virtue of he being the owner of one of the motorcycle in question. The petitioner has nothing to do with the recovered illicit wine nor he has anyhow engaged in such trafficking of illicit wine. Even the persons who were apprehend did not disclose the name of the petitioner. In fact, on the alleged date of occurrence, the motorcycle in question was taken away by one of the villager, who had parked the motorcycle nearby the place of occurrence and only on suspicion the motorcycle was seized and the name of the petitioner has been implicated. There is no compliance of the statutory prescription as provided under Sections 103 and 105 of BNSS. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court. 5. On the other hand, learned Advocate for the State vehemently opposed the bail application. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that save and except the petitioner being the owner of the motorcycle in question, there is no incriminating material which suggests the complicity of the petitioner in the crime, coupled with the fair antecedent as well as non compliance of the statutory Patna High Court CR. MISC. No.58817 of 2026(2) dt.19-08-2026 3/3 prescription and the lack of materials which attract the rigors to maintain the anticipatory bail, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Madhubani in connection with Saharghat P.S. Case No. 17 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner. Anjani/- (Harish Kumar, J) U T