Patna High Court
Bangali YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Bangali Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 80 litres of country‑made liquor recovered from a plastic gallon. The petitioner claimed innocence, stating that no incriminating material was found in his possession and that the liquor was recovered from an open area accessible to all. He had been in custody since 12 January 2026 and possessed two prior criminal antecedents, while the prosecution argued there was no compliance with Section 103 of the BNSS, 2023. After hearing both sides, the Court considered the lack of direct evidence, the duration of custody, and the petitioner’s antecedents, and decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Subjects
- bail
- prohibition law
- excise
- liquor
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12067 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- SAHPUR District- Bhojpur
======================================================
Bangali Yadav Son of Nanhak Yadav @ Brij Bihari Yadav Resident of Village
-Shiopur, P.S.- Shahpur, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Malti Kumari, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, 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
Shahpur PS Case No. 295 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 80 liters
country made liquor was recovered from plastic gallon.
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
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.12067 of 2026(2) dt.23-02-2026
2/2
and all. The petitioner is in custody since 12.01.2026 and has
got two 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 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 Shahpur PS Case
No. 295 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…