Patna High Court
Upendra yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs. 15,000 with two sureties and the conditions stipulated by the court.
Summary
The petitioner, Upendra Yadav, sought bail in a case (Salaiya P.S. Case No. 20/2025) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, where 350 litres of liquor were recovered from a public area. The petitioner claimed false implication, noting no incriminating article was found in his possession and that the recovery was from an open place. The State opposed bail, highlighting the petitioner’s six prior criminal antecedents and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court, considering the facts, period of custody, and lack of direct evidence, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance, tampering with evidence, and future offences. The order directs release after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
- Whether the recovery of liquor from a public place suffices to justify continued detention
- Whether the petitioner’s alleged false implication warrants bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal antecedents
- Section 103
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6156 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- SALAIYA District- Aurangabad
======================================================
Upendra yadav Son of Brahmdeo yadav @ Dharmdeo yadav Resident of
Village-Gajraj Bigha, p.s-Salaiya,District-Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Salaiya
P.S. Case No. 20/2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 350 litres
of liquor was recovered from bush near the hills.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
other co-accused person has already been granted bail by this
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court vide order dated 07.07.2025 passed in Cr. Misc. No.
42866/2025. The petitioner is in custody since 23.12.2025 and
has six criminal antecedents. There is no compliance of Section
103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Salaiya P.S. Case
No. 20/2025, subject to the following conditions:-
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
atul/-
U T
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