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Patna High Court

Mohit Yadav @ Upendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Mohit Yadav, was arrested on 12 January 2026 after police recovered 80 litres of liquor from a motorcycle and alleged that he was involved in offences under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the motorcycle, no incriminating material was found in his possession, and that his arrest was based merely on suspicion; he also pointed out non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the seriousness of the offences and the petitioner’s two prior criminal antecedents, though both were on bail. The Court, after considering the lack of direct evidence, the duration of custody, and procedural lapses, decided to grant bail. The bail was set at Rs 15,000 with two sureties, one of whom must be a close family member, and the petitioner was ordered to appear at every trial date, with bail liable to be cancelled upon two consecutive defaults.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 30(a) and 45 of the Bihar Prohibition and Excise Act despite prior criminal antecedents and arrest on suspicion
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure
  • surety
  • prior antecedents
  • suspicion
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12411 of 2026
                 Arising Out of PS. Case No.-394 Year-2025 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
                 Mohit Yadav @ Upendra Yadav Son of Paras Yadav Resident of Village -
                 Badahra, P.S. - Durgawati, District - Kaimur.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sonu Singh, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Learned counsel for the petitioner is permitted to

                   make necessary correction at paragraph nos. 5 and 6 of the bail

                   application in course of day.

                                3. The petitioner seeks bail in connection with

                   Durgawati P.S. Case No. 394 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 45 of the Bihar Prohibition

                   and Excise Act.

                                4. The prosecution case, in short, is that 80 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on spot.
Patna High Court CR. MISC. No.12411 of 2026(2) dt.24-02-2026
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                       5. 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. Learned counsel

          for the petitioner also submitted that the petitioner has been

          arrested only on the basis of suspicion. It is further submitted

          that the petitioner is not the owner of the motorcycle in

          question. The petitioner is in custody since 12.01.2026 and has

          got two criminal antecedents in which he is on bail. 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 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 Durgawati P.S. Case

          No. 394 of 2025, subject to the following conditions:
             Patna High Court CR. MISC. No.12411 of 2026(2) dt.24-02-2026
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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. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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