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Patna High Court

Satyendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Satyendra Yadav, was arrested on suspicion of possessing 79.4 liters of liquor recovered from his motorcycle, alleged to be offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He contended that he had no criminal antecedent, no incriminating material was found in his possession, and that the arrest was solely on suspicion, also noting that a co‑accused had already been granted bail. The State opposed the bail application. The Court considered the lack of direct evidence, the duration of custody since 08‑11‑2025, and the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the accused in an excise case where the only evidence is the recovery of liquor from a vehicle and the arrest is based on suspicion
  • Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with in the arrest and detention

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • Section 103
  • suspicion
  • criminal antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14094 of 2026
                     Arising Out of PS. Case No.-736 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Satyendra Yadav S/O Nakchhed Yadav R/O Village- Bagaha,Ward no. 1, PS-
                 Nautan, District- Bettiah
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vyas Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, 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 Excise

                   P.S. Case No. 736 of 2025, instituted for the offences punishable

                   under Sections 30(a) and 32 of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that 79.4 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on 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.14094 of 2026(2) dt.25-02-2026
                                                         2/2




                       for the petitioner also submitted that the petitioner was arrested

                       only on the basis of suspicion. It is next submitted that the

                       petitioner is the owner of the motorcyle in question. The

                       petitioner is in custody since 08.11.2025 and has got no criminal

                       antecedent. Learned counsel for the petitioner further submits

                       that other co-accused has been granted regular bail by this Court

                       vide order dated 19.01.2026 passed in Cr. Misc. No. 3515 of

                       2026. 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 Excise P.S. Case No.

                       736 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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