Patna High Court
CR. MISC./46753/2026 of Pankaj Yadav Vs The State of Bihar on 22 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46753 of 2026 Arising out of PS. Case No.-13 Year-2026 Thana- MANJHI District- Saran ====================================================== 1. Pankaj Yadav S/o Janak Yadav R/o Village - Fulwariya, P.S - Manjhi, District - Saran at Chapra 2.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46753 of 2026
Arising out of PS. Case No.-13 Year-2026 Thana- MANJHI District- Saran ======================================================
1.
Pankaj Yadav S/o Janak Yadav R/o Village - Fulwariya, P.S - Manjhi, District - Saran at Chapra
2.
Mukesh Yadav @ Mukesh Kumar Yadav S/o Tej Pratap Yadav R/o Village - Dumaigarh, P.S - Manjhi, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s :
Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
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ORAL ORDER
22-07-2026 Heard learned counsel for the petitioners and learned APP for the State
2. The petitioners apprehend their arrest in connection with Manjhi P.S. Case No. 13 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act.
3. Allegation in the F.I.R is that 51.84 litres foreign liquor was recovered from the field near the Idgah.
4. It is submitted by learned counsel for the petitioners that there is no recovery from the physical or conscious possession of the petitioners rather, the Patna High Court CR. MISC. No.46753 of 2026(2) dt.22-07-2026
recovery has been made from the field, which is an open space, accessible to all. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure. It is also submitted that the petitioners have one criminal antecedent of similar nature of the offence in which they are on bail.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that there is no recovery from the conscious or physical possession of the petitioners, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Manjhi P.S. Case No.13 of 2026 on each of them furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the condition laid Patna High Court CR. MISC. No.46753 of 2026(2) dt.22-07-2026
down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject to further conditions that:
(i) One of the bailors would be family members/close relative of the petitioners.
(ii) The
petitioners
would
co-operate investigation/trial and they would make himself available before the Investigating Officer of the case as and when required.
Vikash/- (Soni Shrivastava, J) U T