Patna High Court
Prem Shankar Yadav @ Premshankar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to the stipulated conditions.
Summary
Prem Shankar Yadav was arrested in connection with a case under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act after 191.400 litres of liquor were recovered from a river bank. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that the only link to him was a confessional statement of a co‑accused, which he argued lacked evidentiary value. He also highlighted that he was not arrested on the spot, had six prior criminal antecedents, and that another co‑accused had already been granted regular bail. The State opposed the bail application, emphasizing the seriousness of the offence. The Court, after considering the circumstances and the period of custody, granted bail subject to a bond of Rs.15,000 with two sureties and imposed standard conditions, noting that any violation would permit cancellation of the bail.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.
- Whether the confessional statement of the co‑accused provides sufficient basis for continued detention.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- confessional statement
- co‑accused
- evidentiary value
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13859 of 2026
Arising Out of PS. Case No.-72 Year-2024 Thana- CHHAURADANO District- East
Champaran
======================================================
Prem Shankar Yadav @ Premshankar Rai S/o Raghuvir Rai @ Raghuvir
Yadav Resident of village - Kudarkat, P.s.- Chhauradano, Distt.- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Chhauradano P.S. Case No. 72 of 2024, instituted for the
offences punishable under Sections 30(a) and 41(i) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that, 191.400
liters liquor was recovered from the bank of river.
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
Patna High Court CR. MISC. No.13859 of 2026(2) dt.25-02-2026
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused
person and the same has got no evidentiary value. It is next
submitted that the alleged recovery has been made from an open
place and the same is easily accessible to the public at large. The
petitioner is in custody since 07.01.2026 and has got six
criminal antecedents. Learned counsel for the petitioner further
submits that other co-accused has been granted regular bail by
this Court vide order dated 13.05.2024 passed in Cr. Misc. No.
36293 of 2024. 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 after framing
of charge, if not already framed, 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
Patna High Court CR. MISC. No.13859 of 2026(2) dt.25-02-2026
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Court in connection with Chhauradano P.S. Case No. 72 of
2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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