Patna High Court
Upendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner with conditions, despite his criminal antecedents and the procedural lapse under Section 103.
Summary
The petitioner, Upendra Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 25 litres of liquor recovered from a public place. He contended that he was falsely implicated, no liquor was found in his personal possession, and that the recovery was from an open area accessible to all. The State opposed his bail, noting six prior criminal antecedents and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding family surety, court appearances, non‑tampering with evidence, and non‑repetition of similar offences. The bail order was made pending framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, considering the nature of the offence and his criminal antecedents.
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- false implication
- criminal antecedents
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7025 of 2026
Arising Out of PS. Case No.-100 Year-2024 Thana- SALAIYA District- Aurangabad
======================================================
Upendra Yadav S/O Brahmdeo Yadav @ Dharmdeo Yadav R/O 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. Narsingh Tanti, 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. 100/2024 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 25 litres
of liquor was recovered from gallon.
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
Patna High Court CR. MISC. No.7025 of 2026(2) dt.30-01-2026
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other co-accused person has already been granted bail by this
court vide order dated 26.11.2025 passed in Cr. Misc. No.
80582/2025. The petitioner is in custody since 07.12.2025 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. 100/2024, 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.
Patna High Court CR. MISC. No.7025 of 2026(2) dt.30-01-2026
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(III) 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.
(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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