Patna High Court
CR. MISC./57898/2026 of Sanjay Yadav Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57898 of 2026 Arising Out of PS. Case No.-232 Year-2026 Thana- SAHARSA SADAR District- Saharsa ====================================================== Sanjay Yadav Son of Upendra Yadav Resident of village- Bhelwa Aran ward no 01 PS- Saharsa
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57898 of 2026
Arising Out of PS. Case No.-232 Year-2026 Thana- SAHARSA SADAR District- Saharsa ======================================================
Sanjay Yadav Son of Upendra Yadav Resident of village- Bhelwa Aran ward no 01 PS- Saharsa Sadar District -Saharsa Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Madhav Jha, Advocate
For the Opposite Party/s :
Mr.Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 232 of 2026, registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, information was received about petitioner storing country made liquor for selling it on the occasion of Holi. A raid was conducted at the identified place and four persons were found sitting in a ditch along with three jerry cans. Two persons escaped and two coaccused persons were apprehended who disclosed the name of the petitioner as one of the escaped persons. On search of the jerry cans, 45 litre of country made chulai liquor was made.
Patna High Court CR. MISC. No.57898 of 2026(2) dt.19-08-2026
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was apprehended from the spot and nothing incriminating has been recovered from the conscious possession of the petitioner. From the FIR, it is also evident that recovery has been made from a ditch which is an open place accessible to all. The petitioner has been made accused merely on the saying of the coaccused and apart from that, there is no material against the petitioner. The petitioner is having antecedent of two cases and he is in custody since 20.06.2026.
5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that petitioner was not apprehended from the spot and no recovery has been shown from his possession and further considering the period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise-II), Saharsa/concerned court, in Patna High Court CR. MISC. No.57898 of 2026(2) dt.19-08-2026
connection with Saharsa Sadar P.S. Case No. 232 of 2026, subject to the condition laid down under Section 480(3) of the BNSS and other 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, if so required by the learned trial court.
(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.
Anuradha/- (Arun Kumar Jha, J) U T