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Patna High Court

Prem Kumar Yadav @ Prem YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Prem Kumar Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 295.3 liters of liquor were recovered from a co-accused's hut. He claimed innocence, arguing that no incriminating material was found in his possession and that the only link to him was a confessional statement of the co-accused, which he said lacked evidentiary value. The State opposed bail, citing the seriousness of the offence and the petitioner’s sixteen prior criminal antecedents, while also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court considered the circumstances, including the length of custody and lack of direct evidence, and decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, a family member as one bailor, regular court appearances, non‑tampering with evidence or witnesses, no commission of similar offences, and permission before leaving the jurisdiction.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offence under the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of the co‑accused provides sufficient basis to deny bail.
  • Whether the petitioner’s prior criminal antecedents and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justify denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 103
  • prior antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12834 of 2026
                        Arising Out of PS. Case No.-250 Year-2025 Thana- MANJHI District- Saran
                 ======================================================
                 Prem Kumar Yadav @ Prem Yadav S/o Krishna Yadav R/o Village-
                 Dumaigarh, Ps- Manjhi, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, 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 Manjhi

                   P.S. Case No. 250 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 295.300 liters

                   liquor was recovered from the hut of co-accused person.

                                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. Learned counsel

                   for the petitioner also submitted that the alleged recovery has
Patna High Court CR. MISC. No.12834 of 2026(2) dt.24-02-2026
                                            2/3




          been made from the hut of co-accused person. It is next

          submitted that the petitioner was not arrested on spot. Name of

          the petitioner has transpired in this case on the basis of

          confessional statement made by co-accused person and the same

          has got no evidentiary value. The petitioner is in custody since

          21.01.2026 and has got sixteen criminal antecedents. 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 after framing

          of charge, if not already framed, 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 Manjhi P.S. Case No. 250 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date
             Patna High Court CR. MISC. No.12834 of 2026(2) dt.24-02-2026
                                                         3/3




                       fixed at the trial and shall not remain absent on two consecutive

                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     (V) The petitioner shall not leave the territorial

                       jurisdiction of the learned Court below without taking prior

                       permission of the Court concerned.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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