Patna High Court
Satyendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
Checking your session…