Patna High Court
Mohan Lal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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