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Patna High Court

Ram Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Ram Kumar Yadav was arrested on 26 January 2026 in connection with a case involving the alleged illegal possession of 540 litres of Nepali liquor. He was charged under Sections 274, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that he had no prior criminal record, that the liquor was recovered from a vehicle and not from his personal possession, and that the investigation failed to comply with Sections 103 and 105 of the BNSS. The State opposed bail. The High Court, after considering the lack of direct evidence and the alleged procedural lapses, ordered the release of the petitioner on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged offences under the BNSS and the Bihar Prohibition and Excise Act.
  • Whether the investigation complied with the procedural requirements of Sections 103 and 105 of the Bharatiya Nyay Sanhita.
  • Whether there is sufficient material linking the petitioner to the alleged illegal liquor possession.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • investigation
  • seizure
  • excise law
  • liquor smuggling
  • non‑compliance of investigation provisions
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21331 of 2026
                     Arising Out of PS. Case No.-197 Year-2025 Thana- LAUKAHA District- Madhubani
                 ======================================================
                 Ram Kumar Yadav S/o Late Badri Yadav @ Buddu Yadav @ Buddhi Yadav
                 R/o Village - Channipur, Police Station - Laukaha, District - Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Prasad, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   01-04-2026                      Heard Mr. Ashok Kumar Prasad, learned counsel

                   for the petitioner as well as Mr. Anil Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   26.01.2026 in connection with Laukaha P.S. Case No. 197 of

                   2025, F.I.R. dated 09.12.2025 for the offences punishable under

                   Sections 274, 275, 3(5) of the Bharatiya Nyay Sanhita, 2023 and

                   under Section 30(a), 41(1) of Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                               3. Recovery is of 540 litre Saurabh Saunfy Nepali

                   liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.21331 of 2026(2) dt.01-04-2026
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          from the F.I.R. as well as seizure list that nothing has been

          recovered from the conscious possession of the petitioner rather

          the recovery has been made from vehicle in question. As per

          allegation in the FIR petitioner was present at the place of

          occurrence and he fled away from there and except the

          aforesaid, no other cogent material has come during

          investigation which suggest the involvement of the petitioner in

          the present occurrence and there is non-compliance of Section

          103 and 105 of BNSS and the petitioner is in custody since

          26.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise Act, Jhanjharpur, Madhubani in

          connection with Laukaha P.S. Case No. 197 of 2025, subject to

          the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and
            Patna High Court CR. MISC. No.21331 of 2026(2) dt.01-04-2026
                                                        3/3




                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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