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2026 DAILYLAW 34434 (PAT)

Sachin Kumar Yadav @ Sachin Kumar v. The State of Bihar

CR. MISC./10770/2026 · 2026-02-17

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10770 of 2026 Arising Out of PS. Case No.-248 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Sachin Kumar Yadav @ Sachin Kumar S/O Late Yodni Yadav @ Yadunandan Yadav R/O Village -Dadha, Ward no . 10, P.S- Khajauli, District- Madhubani. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Khajauli P.S. Case No. 248 of 2025 registered for the alleged offences under Sections 274, 275 r/w 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. 03. As per prosecution case, police received secret information about two persons dealing with country made and foreign liquor and intending to transport it on their motorcycles. A raid was conducted and the petitioner was apprehended and co-accused fled away from the spot. On search of nine sacks found near the motorcycle, recovery of 273 liters of country made Nepali liquor, 18 liters of India made foreign liquor, 12 Patna High Court CR. MISC. No.10770 of 2026(2) dt.17-02-2026 2/3 liters of beer and mobile phone was made and the motorcycle was seized. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and nothing incriminating has been recovered from the possession of the petitioner. The seized motorcycle does not belong to the petitioner. The mobile phone recovered from the petitioner belongs to him but it is not stolen. Learned counsel further submits that the petitioner is having clean antecedent and is in custody since 05.12.2025. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the place of recovery and nature of allegation and also considering the period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Madhubani/court concerned in connection with Khajauli P.S. Case No. 248 of 2025, subject to the conditions mentioned in Section 480(3) of Patna High Court CR. MISC. No.10770 of 2026(2) dt.17-02-2026 3/3 BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T