Patna High Court

Upendra YadavversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail was granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Upendra Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 150 litres of liquor were recovered from a bush. He claimed innocence, stating that no incriminating material was found in his possession and that his name surfaced only through local disclosures. The petitioner had been in custody since 23‑12‑2025 and possessed six prior criminal antecedents, though all were on bail, and another co‑accused had already been granted regular bail. The State opposed bail, but the court, noting the lack of direct evidence, the open nature of the recovery site, and the petitioner’s custody duration, decided to grant bail with a bond of Rs.15,000 and two sureties, subject to conditions regarding surety and appearance. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition act
excise
criminal procedure
section 30(a)
section 103
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7904 of 2026
                      Arising Out of PS. Case No.-28 Year-2025 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. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   02-02-2026                     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. 28 of 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 150 liters

                   liquor was recovered from bush.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner also submitted that the petitioner was not
Patna High Court CR. MISC. No.7904 of 2026(2) dt.02-02-2026
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          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of disclosure made by local people. It is next

          submitted that the alleged recovery has been made from an open

          place and the same is easily accessible to the public at large. The

          petitioner is in custody since 23.12.2025 and has got six

          criminal antecedents in which he is on bail. Learned counsel for

          the petitioner further submits that other co-accused has been

          granted regular bail by this Court vide order dated 03.11.2025

          passed in Cr. Misc. No. 74984 of 2025. There is no compliance

          of Section 103 of the Bharatiya Nagarik 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 and 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 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. 28 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of
             Patna High Court CR. MISC. No.7904 of 2026(2) dt.02-02-2026
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                       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.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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