Patna High Court
Shyambabu Yadav @ Shyambabu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that, given the lack of incriminating material, the petitioner’s innocence, and the statutory non‑compliance, bail should be granted.
Summary
The petitioner, Shyambabu Yadav, was arrested on suspicion after 288 litres of liquor were recovered from two motorcycles, though he claimed no ownership of the vehicles and no incriminating material was found on him. He sought bail under Section 30(a) of the Bihar Prohibition and Excise Act, arguing innocence, lack of criminal antecedent, and non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The Court considered the facts, the duration of custody since 27‑12‑2025, and the statutory safeguards not being observed, and decided to grant bail. The petitioner was ordered to be released on furnishing a bail bond of Rs. 15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- suspicion arrest
- non‑ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12565 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- BARGAINIA District- Sitamarhi
======================================================
Shyambabu Yadav @ Shyambabu Kumar S/O Awadhkishore Yadav Resident
of Village - Masaha Alam, ward No.- 03, P.S- Bairgania,Dist- Sitamarhi-
843313
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, 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. The petitioner seeks bail in connection with
Bairgania P.S. Case No. 257 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 288 liters
liquor was recovered from two motorcycles and the petitioner
was arrested on spot.
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
Patna High Court CR. MISC. No.12565 of 2026(2) dt.24-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is not the
owner of any of the recovered motorcycles in question. It is
further submitted that the petitioner was a passerby of that way
and was arrested only on the basis of suspicion. The petitioner is
in custody since 27.12.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bairgania P.S. Case
No. 257 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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