Ram Lochan Yadav @ Ramlochan Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ram Lochan Yadav @ Ramlochan Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on 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 Judge, Excise, Jhanjharpur, District-Madhubani/concerned Court below, in connection with Phulparas P.S. Case No. 146 of 2026, subject to conditions (one bailor a blood relative; presence in court on every trial date).

Issue for consideration

Whether the petitioner, in custody in Phulparas P.S. Case No. 146 of 2026 for offences punishable under Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022, is entitled to be released on bail.

Court's answer

Bail granted: the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge, Excise, Jhanjharpur, District-Madhubani/concerned Court below, in connection with Phulparas P.S. Case No. 146 of 2026.

Ratio / Principle

Release is subject to conditions: one bailor to be the petitioner's own blood relative (preferably father, mother, brother, sister), and the petitioner to remain physically present in court on each and every date of trial, failing which on two consecutive dates without sufficient reasons his bail bonds are liable to be cancelled by the court concerned.

Detailed headnote1 paragraphs

Bail granted — Bihar Prohibition and Excise (Amendment) Act, 2022, Ss. 30(a), 38(1), 41(1) — prosecution case of recovery of 3229.365 litres of illicit liquor from a Tank lorry (Phulparas P.S. Case No. 146 of 2026, Madhubani) — petitioner contended he was neither owner nor driver of the vehicle, no independent witness to search and seizure, five persons apprehended, and alleged non-compliance with Section 105 BNSS — parity pleaded with co-accused Kundan Kumar and Suman Kumar already enlarged on bail by Coordinate Benches (Cr. Misc. Nos. 34922 and 35171 of 2026) — custody since 11.04.2026 — State opposed citing three similar antecedents; petitioner stated to be on bail therein — Held, petitioner released on bail on bond of Rs. 10,000/- with two like sureties; one bailor to be his own blood relative; physical presence on each trial date, default on two consecutive dates without sufficient reasons entailing cancellation of bail bonds. (Soni Shrivastava, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36056 of 2026

Arising Out of PS. Case No.-146 Year-2026 Thana- PHULPARAS District- Madhubani

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Ram Lochan Yadav @ Ramlochan Yadav Son of Sri Chandra Yadav @ Chandra Yadav @ Srichandra Yadav @ Sirchandra Yadav Resident of village - Chikana, Ward No. 9, P.S.- Ghoghardiha, District - Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 08-06-2026

Heard learned counsel for the petitioner and learned

APP for the State through virtual mode.

The petitioner seeks bail in a case registered for the offence punishable under Sections 30(a), 38(1), 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per the prosecution case, 3229.365 litres of illicit liquor was recovered from a Tank lorry.

Learned counsel for the petitioner submits that petitioner is neither the owner nor the driver of the said vehicle. There is no independent witness to search and seizure. Altogether, 5 persons were apprehended on the spot and police did not comply the provisions of Section 105 of the BNSS. Further, two similarly situated co-accused persons, namely, Kundan Kumar and Suman Kumar have been granted bail by Coordinate Benches of this Court vide order dated 20.05.2026 and 21.05.2026 in Cr. Misc. No. 34922 of 2026 and Cr. Misc. No.35171 of 2026

Patna High Court CR. MISC. No.36056 of 2026(2) dt.08-06-2026 2/2

respectively. Petitioner is in custody since 11.04.2026.

Learned APP for the State opposed the grant of bail on the ground that the petitioner has three criminal antecedent of similar nature. However, in response it has been submitted that the petitioner is on bail in all these cases.

Taking into consideration the facts and circumstances of the case, let the above named petitioner, be released on bail on 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 Judge, Excise, Jhanjharpur, District-Madhubani/concerned Court below in connection with Phulparas P.S. Case No. 146 of 2026 subject to condition that:-

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister.

(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J)

anand/- U T