Patna High Court
Sachin Kumar Yadav @ Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Sachin Kumar Yadav, was arrested in a raid on allegations of dealing in country‑made and foreign liquor under Sections 274, 275 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Police recovered large quantities of liquor and seized a motorcycle, but the petitioner claimed the motorcycle did not belong to him and that no incriminating items were found in his possession. He asserted his innocence, clean antecedent, and that he had been in custody since 5 December 2025. The State opposed bail. Considering the nature of the offence, the place of recovery, the petitioner’s clean record and the period of custody, the court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS. The bail is subject to compliance with attendance requirements and cancellation upon violation.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 274, 275 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016 considering the facts of the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- excise law
- illegal liquor
- criminal procedure
- section 274
- section 275
- section 30(a)
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10770 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Sachin Kumar Yadav @ Sachin Kumar S/O Late Yodni Yadav @ Yadunandan
Yadav R/O Village -Dadha, Ward no . 10, P.S- Khajauli, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Khajauli P.S. Case No. 248 of 2025 registered
for the alleged offences under Sections 274, 275 r/w 3(5) of
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition & Excise Act, 2016.
03. As per prosecution case, police received secret
information about two persons dealing with country made and
foreign liquor and intending to transport it on their motorcycles.
A raid was conducted and the petitioner was apprehended and
co-accused fled away from the spot. On search of nine sacks
found near the motorcycle, recovery of 273 liters of country
made Nepali liquor, 18 liters of India made foreign liquor, 12
Patna High Court CR. MISC. No.10770 of 2026(2) dt.17-02-2026
2/3
liters of beer and mobile phone was made and the motorcycle
was seized.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and nothing incriminating has been recovered from the
possession of the petitioner. The seized motorcycle does not
belong to the petitioner. The mobile phone recovered from the
petitioner belongs to him but it is not stolen. Learned counsel
further submits that the petitioner is having clean antecedent and
is in custody since 05.12.2025.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
place of recovery and nature of allegation and also considering
the period of custody of the petitioner and his clean antecedent,
the petitioner above named is directed to 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 learned
Exclusive Special Judge, Excise Act, Madhubani/court
concerned in connection with Khajauli P.S. Case No. 248 of
2025, subject to the conditions mentioned in Section 480(3) of
Patna High Court CR. MISC. No.10770 of 2026(2) dt.17-02-2026
3/3
BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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