Patna High Court
Ram Adhin Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner, subject to monetary and surety conditions, as the prosecution failed to prove conscious possession of the liquor.
Summary
The petitioner, Ram Adhin Kumar Yadav, a driver, was arrested in connection with the recovery of 441 litres of liquor from a car, alleged to be a violation of Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was not the owner of the vehicle and had no knowledge of the contraband, and argued that no incriminating material was found on his person. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s three prior criminal antecedents. The Court considered the facts, the period of custody since 20‑12‑2025, and the petitioner’s claim of non‑possession. Finding that the prosecution had not established a strong case of conscious possession, the Court inclined to grant bail subject to monetary and surety conditions. The order directed release on bail after framing of charge, with a bond of Rs.15,000 and two sureties, and imposed conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted to the accused driver in a case under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- driver
- criminal antecedents
- Section 103
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14581 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Ram Adhin Kumar Yadav Son of Dev Kumar Yadav Resident of Village -
Godantol, Mahtha Ward No.- 3, P.S.- Ladaniya, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, 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 Excise
Jhanjharpur P.S. Case No. 239 of 2025, instituted for the
offences punishable under Sections 30(a), 32(1) and 32(3) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner is permitted to
make necessary correction in paragraph no. 4 of the bail
application in course of day.
4. The prosecution case, in short, is that 441 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
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.14581 of 2026(2) dt.27-02-2026
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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 not the
owner of the car rather he is driver of that vehicle in question
and has got no knowledge with regard to the nature of goods
loaded in the vehicle. The petitioner is in custody since
20.12.2025 and has got three criminal antecedents. 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 Excise Jhanjharpur P.S. Case No. 239
of 2025, 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.14581 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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