Patna High Court
Bela Yadav @ Shishupal Yadav @ Indrajeet Ray @ Indrajeet Rai @ Baila Rai @ Indrajet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could be granted in the present case, subject to monetary and reporting conditions, despite the seriousness of the alleged offence.
Summary
The petitioner was arrested in connection with a case under section 30(d) of the Bihar Prohibition & Excise Act for allegedly using 15 tins of jaggery to manufacture illicit liquor, with material seized from a tempo and a bush. The petitioner claimed innocence and had been in custody since 2 December 2025, offering to donate Rs.25,000 to charity without admitting guilt. The State opposed bail, but the court considered the nature of the seized material and the length of pre‑trial detention. The court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to deposit Rs.25,000 with the Ramakrishna Mission Ashram, producing a receipt. Additional conditions included reporting to the police station on the first and third Sundays of each month, with default leading to cancellation of bail. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail in a case under section 30(d) of the Bihar Prohibition & Excise Act considering the material recovered and period of custody?
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(d)
Subjects
- bail
- illicit liquor
- Bihar Prohibition & Excise Act
- section 30(d)
- criminal procedure
- surety
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28232 of 2026
Arising Out of PS. Case No.-195 Year-2020 Thana- ATHMALGOLA District- Patna
======================================================
Bela Yadav @ Shishupal Yadav @ Indrajeet Ray @ Indrajeet Rai @ Baila Rai
@ Indrajet Kumar S/O Beju Yadav @ Beju Prasad @ Biju Yadav @ Bijo
Yadav @ Bijo Rai @ Bijendra Ray R/O Village- Gangh Dih, P.S-
Bakhtiyarpur, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shambhu Narayan Singh, Advocate
For the Opposite Party : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Athmalgola P.S. Case No.195 of 2020 registered for the offence
under section 30(d) of the Bihar Prohibition & Excise Act.
3. It is alleged that 15 tins of jaggery used for
manufacturing illicit liquor has been recovered from a tempo.
Other liquor manufacturing materials hidden in a bush have also
been recovered.
4. Learned counsel for the petitioner submits
that the petitioner is innocent and has falsely been implicated in
this case. He further submits that the petitioner is in custody
since 02.12.2025.
Patna High Court CR. MISC. No.28232 of 2026(2) dt.07-05-2026
2/3
5. Learned counsel for the petitioner also
submits that the petitioner is ready to donate Rs.25,000/- in
some charitable organization without accepting his guilt.
6. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
7. Considering the recovery and also the period
of custody of the petitioner, this application is allowed.
8. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below, in connection with Athmalgola P.S.
Case No.195 of 2020.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Ashram, Nala Road, Patna and produce
the receipt of the same before the Court below at the time of
furnishing bail bonds. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by him.
10. As a condition of this order, the petitioner,
shall mark his attendance at Bakhtiyarpur Police Station,
District – Patna on first and third Sunday of each month. Any
Patna High Court CR. MISC. No.28232 of 2026(2) dt.07-05-2026
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default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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