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Patna High Court

Jagdish YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to monetary and procedural conditions.

Summary

Jagdish Yadav was arrested in connection with the recovery of 794.25 litres of liquor from five motorcycles, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. An earlier application for anticipatory bail had been rejected. The petitioner argued that no incriminating material was found in his possession, he did not own the motorcycles, and the only link to him was a confessional statement of a co-accused, which he claimed lacked evidentiary value. The State opposed bail, citing the seriousness of the offence and the petitioner’s five prior criminal antecedents. The court, after considering the circumstances and the period of custody, granted bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite the rejection of anticipatory bail.
  • Whether the lack of material possession and reliance on a co‑accused’s confessional statement justify bail.
  • Whether compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is required for bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • evidence
  • confessional statement
  • criminal antecedents
  • Section 103
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12028 of 2026
                       Arising Out of PS. Case No.-814 Year-2024 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Jagdish Yadav S/o- Late Ruplal Yadav Village -Bagai P.S.-Gurpa District
                 -Gaya ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :       Mrs. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Fatehpur P.S. Case No. 814 of 2024, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. Earlier, anticipatory bail of the petitioner was

                   rejected by this Court vide order dated 04.07.2025 passed in Cr.

                   Misc. 13701 of 2025.

                                4. The prosecution case, in short, is that 794.25 liters

                   liquor was recovered from five motorcycles.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.12028 of 2026(2) dt.23-02-2026
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          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 is not the

          owner of any of the motorcycles in question. Name of the

          petitioner has transpired in this case on the basis of confessional

          statement made by co-accused, namely, Binay Kumar and the

          same has got no evidentiary value. The petitioner is in custody

          since 18.12.2025 and has got five criminal antecedents. There is

          no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023.

                       6. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       7. 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.

                       8. 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 Fatehpur P.S. Case No. 814 of 2024,

          subject to the following conditions:
             Patna High Court CR. MISC. No.12028 of 2026(2) dt.23-02-2026
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                                     (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 and shall not remain absent on two consecutive

                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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