Patna High Court
Khakhra Yadav @ Indu Bhushan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Khakhra Yadav, was arrested in connection with offences under Sections 30(a) and 32 of the Bihar Excise Act, alleging the recovery of 275 litres of liquor from two cycles. He has nine prior cases, two of which are also under the Excise Act, but was not apprehended at the scene and no liquor was seized from his immediate possession. The petitioner contended that he was implicated solely on the basis of secret information without a proper investigation and has been in custody since 23-10-2025. He filed a regular bail application, assuring the court that he would not abscond and would cooperate with the trial. The State opposed the bail, but the court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties of the same amount. The order was pronounced by Justice Satyavrat Verma of the Patna High Court.
Issues considered
- Whether regular bail should be granted to the petitioner in offences punishable under Sections 30(a) and 32 of the Bihar Excise Act given the facts of the case.
Subjects
- bail
- excise law
- Bihar Excise Act
- Section 30(a)
- Section 32
- criminal procedure
- regular bail
- antecedent cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13532 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- Hemjapur District- Munger
======================================================
Khakhra Yadav @ Indu Bhushan Yadav S/O Late Rajendra Yadav @ Rajendra
Prasad Yadav @ Hagan Yadav R/O Vill- Singhia, Bagicha Tola, P.S.-
Safiyasarai, Distt- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jyoti Ranjan Jha
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a) and 32 of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of nine cases out of which two cases
are under the Excise Act and allegation is of recovery of 275
litres of liquor from two cycles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on secret information which is the easiest way
Patna High Court CR. MISC. No.13532 of 2026(2) dt.16-04-2026
2/2
to implicate someone without holding a proper investigation and
he is in custody since 23-10-2025. It is next submitted that
charge-sheet has been submitted and if privilege of regular bail
is granted to the petitioner, the petitioner will not abscond rather
will co-operate in the trial to prove his innocence.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Hemjapur P.S. Case
No. 76 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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