Patna High Court
Jagdish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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