Patna High Court
Ganga Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to a cash bond, two sureties, a Rs.25,000 donation, and monthly police‑station attendance.
Summary
Ganga Kumar Yadav was arrested in connection with the recovery of 792 litres of illicit liquor and charged under Sections 274, 275, 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 9 October 2025 and applied for regular bail, offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the facts and the petitioner's willingness to deposit the donation, allowed the bail application. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties, deposit the Rs.25,000 in the Ramakrishna Mission Sevashrama, and attend the Andharamath Police Station every Sunday, failing which bail would be cancelled.
Issues considered
- Whether bail should be granted to the accused in a case involving large‑scale illicit liquor possession under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
- Whether the conditions imposed – a charitable donation and monthly police‑station attendance – are lawful and appropriate for bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(5), 3(5)
Subjects
- bail
- illicit liquor
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- criminal procedure
- conditions of bail
- charitable donation
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90439 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
Ganga Kumar Yadav S/o- Rajlal Yadav @ Raj Lal Yadav R/v- Chhatapur Ps-
Andharamath Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hriday Narayan Harshit
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Andhramath P.S. Case No. 164 of 2025 registered for the
offence punishable under Sections 274, 275, 317(5) and 3(5) of
the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the
Bihar Prohibition and Excise Act.
3. There is recovery of 792 liters of illicit liquor. The
petitioner is in jail since 09.10.2025.
4. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in some charitable organization without
accepting his guilt.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.90439 of 2025(3) dt.26-03-2026
2/2
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
and the submission of learned counsel for the petitioner, this
application for regular bail is allowed.
7. Accordingly, 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 learned Court below where the case is
pending/successor Court in connection with Andhramath P.S.
Case No. 164 of 2025 subject to the condition that:-
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Mission
Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar and produce the
receipt of the same before the Court below.
The bail bonds of the petitioner shall be
accepted after verifying the genuineness of
the receipt produced by the petitioner.
(ii). The petitioner is directed to
mark his attendance in Andharamath Police
Station on every Sunday of each month.
Failure to do so, will result in cancellation
of bail bond of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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