Patna High Court
Arvind Yadav @ Aryan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner with conditions.
Summary
Arvind Yadav was arrested on 25 December 2025 after 70.17 litres of liquor were recovered from an open area in Saharsa. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he had no possession of the liquor, that the recovery was from a public place, and that no incriminating material linked him to the contraband, also noting a lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, contending the seriousness of the offence and the petitioner’s prior criminal record. The court, considering the absence of direct evidence, the length of custody already served, and the procedural lapse, decided to grant bail subject to monetary sureties and strict conditions. The order directed the petitioner to appear at all trial dates and prohibited tampering with evidence or influencing witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
Legislation cited
Subjects
- bail
- prohibition excise
- Section 30(a)
- criminal procedure
- evidence
- custody
- Section 103
- public place recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12927 of 2026
Arising Out of PS. Case No.-559 Year-2025 Thana- Excise P.S. District- Saharsa
======================================================
Arvind Yadav @ Aryan Yadav S/o Indradev Yadav R/o Vill- Rifujee Colony,
Ward No.5, P.S-Sadar, Distt. - Saharsa, Premant address Vill- Mahpura, Ward
No.2, P.S- Mahishi, Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, 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
Prohibition Excise P.S. Case No. 559 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 total 70.17
liters liquor was recovered from open land. Petitioner was
arrested on the spot.
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
Patna High Court CR. MISC. No.12927 of 2026(2) dt.24-02-2026
2/3
for the petitioner further submitted that the recovery has been
made from open place, which is accessible to public at large.
The petitioner is in custody since 25.12.2025 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 Prohibition Excise
P.S. Case No. 559 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
Patna High Court CR. MISC. No.12927 of 2026(2) dt.24-02-2026
3/3
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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