Created by Fuzzy Cloud

Patna High Court

Jhunna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners.

Summary

The petitioners Jhunna Yadav and Badri Sahani were arrested in Sugauli for alleged possession of 255 litres of liquor, charged under Section 30(a) of the Bihar Prohibition and Excise Act. They asserted that they were merely driver and passenger and had no knowledge of the goods, and that no incriminating material was found on them. The State opposed bail, while the petitioners highlighted the lack of compliance with Section 103 of the B.N.S.S., 2023 and the length of their custody since 09‑10‑2025. The Court examined the facts, the absence of direct evidence, and the petitioners’ criminal records (one with none, the other with five antecedents). Accordingly, the Court granted bail, ordering each petitioner to furnish a bond of Rs.15,000 with two sureties of the same amount. The petition was disposed.

Issues considered

  • Whether bail can be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
  • Whether non‑compliance with Section 103 of the B.N.S.S., 2023 precludes the grant of bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • criminal procedure
  • custody
  • liquor seizure
  • driver
  • passenger

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.128 of 2026
                   Arising Out of PS. Case No.-528 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
           1.     Jhunna Yadav Son of Bhuali Yadav R/V- Muswa Bhedihari, P.S.- Sugauli,
                  District - East Champaran
           2.    Badri Sahani @ Badri Sahni Son of Late Ramsewak Sahani R/V- Muswa
                 Bhedihari, P.S.- Sugauli, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kundan Rathore@ Kundan Kumar, Advocate
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in Sugauli P.S. case No.

                   528 of 2025 instituted for the offences under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 255 liters

                   liquor was recovered from Tampoo and the petitioners were

                   arrested on spot.

                               4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case.       No incriminating material has been recovered

                   from the conscious possession of the petitioners. The petitioners
           Patna High Court CR. MISC. No.128 of 2026(2) dt.19-01-2026
                                                       2/2




                     have got no concern with the alleged recovery of liquor. It is

                     further submitted that petitioner No. 1 was driver and petitioner

                     No. 2 was sitting as passenger in the vehicle and they have got

                     no knowledge regarding the nature of goods kept in vehicle. The

                     petitioners are in custody since 09.10.2025. The petitioner No.

                     1 has got no criminal antecedent whereas petitioner No. 2 has

                     got five criminal antecedents.               There is no compliance of

                     Section 103 of B.N.S.S., 2023.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) each with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sugauli P.S. case

                     No. 528 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.