Patna High Court
Byash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Byash Yadav, was arrested in connection with the recovery of 894.84 liters of illicit liquor from a Bolero pickup and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was merely the driver and had no knowledge of the contraband, and highlighted his clean criminal record and lack of incriminating material in his possession. The State opposed bail, but the court noted the absence of compliance with Section 103 of the BNSS, 2023 and considered the petitioner’s clean antecedents and the length of custody since 17‑12‑2025. Consequently, the court decided to grant bail, requiring 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 petitioner charged under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged role as driver without knowledge of the liquor negates culpability.
- Whether non‑compliance with Section 103 of the BNSS, 2023 affects bail eligibility.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- driver
- clean antecedent
- Section 103
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12055 of 2026
Arising Out of PS. Case No.-942 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Byash Yadav Son of Kishun Yadav Resident of Village- Guradiya, P.S.-
Bishunpura, District- Kushinagar (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Ms. 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
Gopalganj Nagar PS Case No. 942 of 2025 instituted for the
offences under Section/s 30(a) & 41(1) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 894.840 liters
liquor was recovered from Bolero pickup.
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. It is submitted
Patna High Court CR. MISC. No.12055 of 2026(2) dt.23-02-2026
2/2
that name of the petitioner has surfaced in this case as being
driver of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 17.12.2025 and has got no criminal antecedent/s.
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, clean antecedent of the petitioner 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 Gopalganj Nagar PS
Case No. 942 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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