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Patna High Court

Upendra yadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.6156 of 2026(2) dt.30-01-2026
                                             2/3




          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
             Patna High Court CR. MISC. No.6156 of 2026(2) dt.30-01-2026
                                                         3/3




                       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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