IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86415 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- PHULWARIYA District- Gopalganj ====================================================== Ajay Yadav Son of Late Garaju yadav Resident Of Village- Madarwani, Ps- Phulwariya, Dist- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Deepankar Raj, Advocate For the Opposite Party : Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 30-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Phulwariya P.S. Case No. 55 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 126 litres of liquor was recovered from the motorcycle. 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. Learned counsel further submitted that petitioner is in no manner connected with the vehicle in Patna High Court CR. MISC. No.86415 of 2025(3) dt.30-01-2026 2/3 question or with the alleged recovery of liquor. The other co- accused person has already been granted bail by this court vide order dated 24.06.2025 passed in Cr. Misc. No. 38703/2025. The petitioner is in custody since 24.09.2025 and has 17 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 Phulwariya P.S. Case No. 55 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 consecutive dates, the Trial Court will have liberty to cancel the Patna High Court CR. MISC. No.86415 of 2025(3) dt.30-01-2026 3/3 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. (V) 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