Patna High Court
Jhunna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- B.N.S.S. — s. 103
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
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