Patna High Court

Sunil YadavversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners, finding insufficient material to justify continued detention.

Summary

The petitioners, Sunil Yadav and Mohan Yadav, were arrested in connection with a case under the Bihar Prohibition and Excise Act for alleged possession of 60.060 litres of liquor. They contended that they were neither owners nor drivers of the vehicle from which the liquor was seized, that no incriminating material was found on them, and that they have no prior criminal record. The State opposed bail, arguing the seriousness of the offences under sections 30(a), 32 and 41(1) of the Act. The Court noted the lack of material linking the petitioners to the liquor, the absence of any prior record, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the Court granted bail to both petitioners on the condition of a Rs.15,000 bond with two sureties each.

Issues considered

Whether bail should be granted to the petitioners under the Bihar Prohibition and Excise Act.
Whether the petitioners are likely to abscond or tamper with evidence.
Whether the prosecution has complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
illicit liquor
criminal procedure
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14357 of 2026
                    Arising Out of PS. Case No.-2 Year-2026 Thana- MALAHI District- East Champaran
                 ======================================================
           1.     Sunil Yadav S/O Balishter yadav Resident Of Village - Chatiya Diyar, P.s.-
                  Malahi, Dist.- East Champaran.
           2.    Mohan Yadav S/O Sakaldeo Yadav Resident Of Village - Barharwa, P.s.-
                 Malahi, Dist.- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with Malahi

                   P.S. Case No. 02 of 2026, instituted for the offences punishable

                   under Section 30(a), 32 and 41(1) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 60.060 liters

                   liquor was recovered from car. Petitioner No.1 arrested on the

                   spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
           Patna High Court CR. MISC. No.14357 of 2026(3) dt.13-03-2026
                                                       2/2




                     the conscious possession of the petitioners. The petitioners have

                     got no concern with the alleged recovery of liquor. The

                     petitioner No.1 was arrested on the spot, who disclosed the

                     name of petitioner No.2. Learned counsel further submitted that

                     the petitioners were neither owner nor driver of the vehicle. The

                     petitioners have no concerned with the alleged seized liquor in

                     any manner nor involved in trade of illicit liquor. The petitioners

                     are in custody since 04.01.2026 and have 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 petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Malahi P.S. Case No.

                     02 of 2026.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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