Patna High Court
Mohit Yadav @ Upendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
2/3
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
3/3
(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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