Patna High Court
Dhramnath Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court is inclined to grant bail to the petitioner.
Summary
The petitioner, Dhramnath Kumar Yadav, a driver, was arrested in connection with the recovery of 900 litres of liquor from a vehicle, alleged to violate Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the contraband, no incriminating material was found in his possession, and he had no prior criminal record. The State opposed bail, but the court noted the lack of material linking the petitioner directly to the offence and the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. Considering the circumstances and the period of custody, the court granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding family bailor and regular court appearances. The bail order was issued pending framing of charges, if not already done.
Issues considered
- Whether bail should be granted to the accused driver in a liquor smuggling case under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
- Whether the lack of incriminating material in the accused's possession and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita justify bail.
- Whether the accused poses a risk of fleeing or tampering with evidence warranting denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor smuggling
- driver
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14401 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Dhramnath Kumar Yadav S/o Rambabu Yadav R/o Village - Dhrambon
Khajedih, P.S - Ladaniya, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhairavsthan P.S. Case No. 04 of 2026, instituted for the
offences punishable under Sections 274, 275, 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner is permitted to
make necessary correction in paragraph no. 6 of the bail
application in course of day.
4. The prosecution case, in short, is that 900 liters
liquor was recovered from car.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.14401 of 2026(2) dt.27-02-2026
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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
for the petitioner also submitted that the petitioner is driver of
the car in question and he has got no knowledge with regard to
the nature of goods loaded in the vehicle. The petitioner is in
custody since 05.01.2026 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. 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.
8. 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
Court in connection with Bhairavsthan P.S. Case No. 04 of
2026, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.14401 of 2026(2) dt.27-02-2026
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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