Patna High Court
Jayshankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding no sufficient grounds to keep him in custody.
Summary
The petitioner, Jayshankar Yadav, was arrested after 57.48 liters of liquor were recovered from his joint family house, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no liquor was found in his personal possession, he has no prior criminal record, and the recovery was from a shared residence. The petitioner also highlighted non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of incriminating material, the petitioner’s clean record, and the length of custody. Consequently, the court granted bail on the condition of a Rs. 15,000 bond with two sureties.
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
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13127 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
Jayshankar Yadav Son of Baduri Yadav R/o village - Harpur, P.S.- Itadhi,
District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Ms.Gulnar Begum, 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 Buxar
P.S. Case No. 18 of 2026, 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 57.48
liters liquor was recovered from the house of the petitioner.
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
for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.13127 of 2026(2) dt.24-02-2026
2/2
made from joint house of the petitioner, where other family
members also reside. The petitioner is in custody since
15.01.2026 and has got no 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 Buxar P.S. Case No.
18 of 2026.
(Rudra Prakash Mishra, J)
manish/-
U T
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