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2026 DAILYLAW 8024 (PAT)

Hari Shankar Yadav v. The State of Bihar

CR. MISC./18916/2026 · 2026-03-25

Partha Sarthy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18160 of 2026 Arising Out of PS. Case No.-166 Year-2024 Thana- MALAHI District- East Champaran ====================================================== SANDEEP YADAV Son of Balister Yadav@bairistar yadav, Resident of VILL-Semrahi, P.S.- Yadopur, District- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 18916 of 2026 Arising Out of PS. Case No.-166 Year-2024 Thana- MALAHI District- East Champaran ====================================================== Hari Shankar Yadav Son of Hira Yadav @ Hira Prasad Yadav Resident of Village- Chatiya, P.S.- Malahi, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 18160 of 2026) For the Petitioner/s : Mr. Aditya Kumar Pandey, Advocate For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP (In CRIMINAL MISCELLANEOUS No. 18916 of 2026) For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate Ms. Namita Sharma, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 2 25-03-2026 1. Heard learned counsel for the parties. 2. The petitioners have preferred this application for grant of regular bail in connection with Malahi P.S. Case no.166 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. As per the prosecution case, on secret information Patna High Court CR. MISC. No.18160 of 2026(2) dt.25-03-2026 2/3 having been received about the consignment of liquor being dealt with, it is stated that a raid was conducted. Seeing the police personnel the informant states that three accused persons escaped. They were subsequently identified by the local people among whom one was the petitioner Hari Shankar Yadav. 4. Learned counsel appearing for the petitioner Sandeep Yadav submits that the petitioner is not named in the FIR. He was falsely implicated in the case in course of investigation wherein it was stated that the seized liquor was purchased by the accused persons from this petitioner. It is submitted that the allegations of the petitioner having sold seized liquor are false and incorrect. The petitioner has no criminal antecedent and is in custody since 11.1.2026. It is lastly submitted that coaccused Rajnish Kumar has been enlarged on anticipatory bail vide order dated 30.4.2025 passing Cr.Misc. no. 22825 of 2025 and coaccused Jainarain Yadav has been enlarged on regular bail vide order dated 2.4.2025 passed in Cr. Misc. no. 15320 of 2025. The case of the petitioner Hari Shankar Yadav stands on a similar footing to the said two coaccused. 5. Learned counsel appearing for the petitioner Hari Shankar Yadav submit that the petitioner has been falsely Patna High Court CR. MISC. No.18160 of 2026(2) dt.25-03-2026 3/3 implicated in the case with the allegation that he was among the person who was seen fleeing away seeing the police personnel. The cause of his false implication are his antecedents. The petitioner is in custody since 12.1.2026. 6. Heard learned A.P.P. for the State. 7. Having learned counsel for the parties and taking into consideration the allegations in the FIR, none of the two petitioners having been arrested at the spot, the petitioners being in custody since 11.1.2026 and 12.1.2026 together with the petitioner Sandeep Yadav not having any criminal antecedent, the Court directs both the petitioners to be enlarged on bail in connection with Malahi P.S. Case no.166 of 2024 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1, East Champaran at Motihari. Bibhash (Partha Sarthy, J) U T