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Patna High Court

Shyam Sundar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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