Patna High Court
Shyam Sundar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Shyam Sundar Yadav, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 60 litres of liquor were recovered from a motorcycle. The prosecution alleged possession of illicit liquor, while the petitioner claimed innocence, no ownership of the motorcycle, and lack of any incriminating material in his possession. He had been in custody since 12‑12‑2025 and possessed a clean criminal record. The State opposed bail, but the court noted the petitioner’s clean antecedent, short period of custody, and absence of material linking him to the liquor. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
- Whether the requirements of Section 103 of the BNSS, 2023 have been complied with
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- clean antecedent
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12424 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- Bhopatpur District- East Champaran
======================================================
Shyam Sundar Yadav S/o Bhagnarayan Yadav R/o Village - Choubetola, P.S -
Bhopatpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bhopatpur PS Case No. 133 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 60 liters
liquor was recovered from motorcycle.
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 petitioner is not the owner of the motorcycle and he has no
Patna High Court CR. MISC. No.12424 of 2026(2) dt.26-02-2026
2/2
concern with the same. The petitioner is in custody since
12.12.2025 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 Bhopatpur PS Case
No. 133 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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