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Patna High Court

Mohan Lal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Mohan Lal Yadav, was arrested in connection with a seizure of 53.7 litres of Nepali liquor from a motorcycle, alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed that the motorcycle was stolen while parked near his house and that he had no knowledge of the liquor, asserting his innocence. The prosecution opposed bail, while the petitioner highlighted the lack of incriminating material in his possession and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court noted the petitioner’s custody since 1 January 2026 and his single prior criminal antecedent. Considering the circumstances, the court found no compelling reason to keep him detained. Consequently, the court ordered his release on bail upon furnishing 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 and the period of custody
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 30(a)
  • Section 103
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12844 of 2026
                   Arising Out of PS. Case No.-64 Year-2024 Thana- DIGHALBANK District- Kishanganj
                 ======================================================
                 Mohan Lal Yadav Son of Piyazu Lal Yadav Resident of Village- Duba Toli
                 Ward No. 01, Haruwadanga, Haruadanga, P.S.- Dighalbank, District-
                 Kishanganj
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Diwakar Sinha, Advocate
                 For the Opposite Party/s :      Mr.Ramchandra Sahni, A.P.P.
                 ======================================================
                 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 Special

                   Case No. 163 of 2024, arising out of Dighalbank P.S. Case No.

                   64 of 2024, instituted for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 53.700

                   liters of Nepali 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. The name of the

                   petitioner has transpired as being owner of the motorcycle. The
           Patna High Court CR. MISC. No.12844 of 2026(2) dt.24-02-2026
                                                       2/2




                     motorcycle of the petitioner has taken away by someone while

                     parked on the road in the vicinity of his house. The petitioner is

                     in custody since 01.01.2026 and has got one 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 Special Case No.

                     163 of 2024,arising out of Dighalbank P.S. Case No. 64 of 2024.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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