IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51624 of 2026 Arising Out of PS. Case No.-97 Year-2026 Thana- BISFI District- Madhubani ====================================================== 1. Ratan Yadav @ Ratan Kumar Yadav S/o Shivnand Yadav Resident of Village - Bhatra Ghat, Police Station - Bisfi, District - Madhubani 2. Nitish Yadav @ Nitish Kumar Yadav S/o Shivnand Yadav Resident of Village - Bhatra Ghat, Police Station - Bisfi, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md Soban Asghar For the Opposite Party/s : Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 28-07-2026 1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act. 3. The learned counsel for the petitioners submits that the petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of two cases and the allegation is of recovery of 32 litres of liquor from cowshed of petitioners.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even alleged Patna High Court CR. MISC. No.51624 of 2026(2) dt.28-07-2026 2/3 recovery is from a place, which does not belong to the petitioners and is accessible to public at large. It is next submitted that no prudent person would use their own premises for committing a crime and thus, would create evidence against themselves and hence, would get implicated and they came to be implicated at the instance of Chaukidar with whom they are on an inimical term. 5. Learned A.P.P. opposes the anticipatory bail application. 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/ successor Court in connection with Bisfi P. S. Case No.97 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall Patna High Court CR. MISC. No.51624 of 2026(2) dt.28-07-2026 3/3 verify the criminal antecedent of the petitioners and in the event, if it is found that petitioner no.1 has antecedent of even one case and petitioner no.2 has antecedent of more than two cases, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of two cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51624 of 2026 Arising Out of PS. Case No.-97 Year-2026 Thana- BISFI District- Madhubani ====================================================== 1. Ratan Yadav @ Ratan Kumar Yadav S/o Shivnand Yadav Resident of Village - Bhatra Ghat, Police Station - Bisfi, District - Madhubani 2. Nitish Yadav @ Nitish Kumar Yadav S/o Shivnand Yadav Resident of Village - Bhatra Ghat, Police Station - Bisfi, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Md Soban Asghar For the Opposite Party/s : Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 28-07-2026 1. Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act. 3. The learned counsel for the petitioners submits that the petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of two cases and the allegation is of recovery of 32 litres of liquor from cowshed of petitioners.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even alleged Patna High Court CR. MISC. No.51624 of 2026(2) dt.28-07-2026 2/3 recovery is from a place, which does not belong to the petitioners and is accessible to public at large. It is next submitted that no prudent person would use their own premises for committing a crime and thus, would create evidence against themselves and hence, would get implicated and they came to be implicated at the instance of Chaukidar with whom they are on an inimical term. 5. Learned A.P.P. opposes the anticipatory bail application. 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/ successor Court in connection with Bisfi P. S. Case No.97 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall Patna High Court CR. MISC. No.51624 of 2026(2) dt.28-07-2026 3/3 verify the criminal antecedent of the petitioners and in the event, if it is found that petitioner no.1 has antecedent of even one case and petitioner no.2 has antecedent of more than two cases, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner no.1 is a person with clean antecedent and petitioner no.2 has antecedent of two cases only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T