IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6156 of 2026 Arising Out of PS. Case No.-20 Year-2025 Thana- SALAIYA District- Aurangabad ====================================================== Upendra yadav Son of Brahmdeo yadav @ Dharmdeo yadav Resident of Village-Gajraj Bigha, p.s-Salaiya,District-Aurangabad, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 30-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Salaiya P.S. Case No. 20/2025 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 350 litres of liquor was recovered from bush near the hills. 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 possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The other co-accused person has already been granted bail by this Patna High Court CR. MISC. No.6156 of 2026(2) dt.30-01-2026 2/3 court vide order dated 07.07.2025 passed in Cr. Misc. No. 42866/2025. The petitioner is in custody since 23.12.2025 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 Salaiya P.S. Case No. 20/2025, 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 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 Patna High Court CR. MISC. No.6156 of 2026(2) dt.30-01-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. (IV) If the petitioner is found involved in the similar nature of offence in future, the prosecution will be at liberty to move for cancellation of bail. atul/- (Rudra Prakash Mishra, J) U T