Patna High Court
CR. MISC./57417/2026 of Suman Kumar Yadav Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57417 of 2026 Arising Out of PS. Case No.-144 Year-2026 Thana- JITNA District- East Champaran ====================================================== 1. Suman Kumar Yadav S/o Ramekbal Prasad Yadav Resident of village - Agarwa, PS - Jitna,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57417 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- JITNA District- East Champaran ======================================================
1.
Suman Kumar Yadav S/o Ramekbal Prasad Yadav Resident of village - Agarwa, PS - Jitna, District- East Champaran
2.
Dharm Dev Thakur @ Dharam Dev Thakur S/o Lakhan Thakur Resident of village - Agarwa, PS - Jitna, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioners and learned APP for the State.
02. In the present case, the petitioners seek bail in connection with Jitna P.S. Case No. 144 of 2026 registered for the alleged offences under Sections 30(a), 41(1) of Bihar Prohibition and Excise Act.
03. As per prosecution case, information was received about some smugglers coming from Nepal to India. When the prosecution party reached the spot, some persons were found coming on bicycles. They were signaled to stop but they started running away. The petitioners were apprehended and others fled away. On search of the bicycles left by the miscreants, recovery Patna High Court CR. MISC. No.57417 of 2026(2) dt.19-08-2026
of 405 litres of Nepali country made liquor was made.
04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioners. The recovery of illicit liquor was made from two bicycles but the petitioners have no concern with the said liquor and they are not the owner of the said bicycles. Therefore, nothing incriminating has been recovered from the conscious possession of the petitioners. The petitioners are having clean antecedent and they are in custody since 11.06.2026.
05. Learned APP opposes the submission made on behalf of the petitioners.
06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the conscious possession of the petitioners and also considering the period of custody of the petitioners and their clean antecedent, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 03, East Champaran Patna High Court CR. MISC. No.57417 of 2026(2) dt.19-08-2026
at Motihari/concerned Court in connection with Jitna P.S. Case No. 144 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners 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 petitioners will be liable to be cancelled by the court concerned.
DKS/- (Arun Kumar Jha, J) U T