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Patna High Court

Chandan Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Chandan Kumar Yadav, a driver, was arrested in connection with a case where 846 litres of foreign liquor were seized from a truck, alleged to violate Sections 30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act and Section 3(5) of the BNS. He contended that he had no knowledge of the goods, possessed no incriminating material, and had a clean criminal record, also noting non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail. Considering the lack of direct evidence against the driver, his clean antecedents, and the period already spent in custody, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the driver accused under the Bihar Prohibition and Excise Act and BNS provisions.
  • Whether the absence of compliance with Section 103 of the BNSS, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • driver liability
  • criminal procedure
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1054 of 2026
                       Arising Out of PS. Case No.-90 Year-2025 Thana- Fakuli District- Muzaffarpur
                 ======================================================
                 Chandan Kumar Yadav S/o Late Ramjanm Ray @ Late Ramjanam Ray R/o
                 vill - Kataru Fatehpur, P.s.- Belsar, Distt.- Vaishali

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priyesh Kumar, Adv.
                 For the Opposite Party/s :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Fakuli PS

                   Case No. 90 of 2025 instituted for the offences under Sections

                   30(a), 32(2), 41(1) of the Bihar Prohibition and Excise Act and

                   Section 3(5) of the BNS.

                           3. The prosecution case, in short, is that 846 liters of

                   foreign liquor was recovered from the truck.

                           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
           Patna High Court CR. MISC. No.1054 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner submits that the petitioner is the driver of the

                     vehicle in question and he has no knowledge regarding the

                     nature of goods kept in the vehicle. The petitioner is in custody

                     since 07.12.2025 and has got clean criminal antecedent. There is

                     no compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Fakuli PS Case No. 90 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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