IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4114 of 2026 Arising Out of PS. Case No.-1304 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Anil Yadav S/o- Ramashray Yadav Village- Gandhi nagar Ps- Town District- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 27-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Excise P.S. Case No. 1304 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 44 litres in which 24 litres of illicit country-made liquor and 20 litres of illicit spirit has been recovered behind the shop of the petitioner. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious Patna High Court CR. MISC. No.4114 of 2026(2) dt.27-01-2026 2/3 possession of the petitioner rather the recovery has been made from behind the shop which is an open place accessible to public at large. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 22.11.2025 and has six criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise P.S. Case No. 1304 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two Patna High Court CR. MISC. No.4114 of 2026(2) dt.27-01-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) 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. (IV) Petitioner shall not leave the territorial jurisdiction of the learned court below without taking prior permission of the court concerned. atul/- (Rudra Prakash Mishra, J) U T