Patna High Court
Ram Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 103, 105, 274, 275, 3(5)
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
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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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