Patna High Court

Sandeep KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Sandeep Kumar Devendra Yadav, was arrested in connection with an excise case where 1,125 litres of liquor were seized from a truck, alleged under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, acted only as a liner, and no incriminating article was found in his possession, nor was he linked to the vehicle. The petitioner also argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed bail. Considering the lack of direct evidence, the petitioner’s limited criminal antecedent, and the procedural lapse, the Court inclined to grant bail, imposing a bond of Rs. 15,000 with two sureties and conditions for appearance.

Issues considered

Whether bail should be granted to the petitioner in offences under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Act given the alleged false implication and absence of incriminating material.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
false implication
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30
Section 32
Section 103
criminal procedure
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14652 of 2026
                     Arising Out of PS. Case No.-298 Year-2025 Thana- Excise P.S. District- Madhepura
                 ======================================================
                 Sandeep Kumar Devendra Yadav @ Devendra Prasad Yadav R/o Village -
                 Dinapatti Pararia, Ward no. 02, P.S. - Bharrahi, Dist. - Madhepura.



                                                                                     ... ... Petitioner/s
                                                         Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amarnath Jha, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, 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

                   Madhepura Excise P.S. Case No. 298 of 2025 instituted for the

                   offences punishable under Section 30(a), 32(iii) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 1125

                   litres of liquor was recovered from truck.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that it has been alleged that
Patna High Court CR. MISC. No.14652 of 2026(2) dt.25-02-2026
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          the petitioner was playing the role of a liner and merely on

          suspicion, he has been arrested. No incriminating article has

          been recovered from the conscious possession of the petitioner.

          Learned counsel further submitted that petitioner is in no

          manner connected with the vehicles in question or the alleged

          recovery of liquor. The petitioner is in custody since 07.12.2025

          and has one criminal antecedent. There is no compliance of

          Section 103 of the Bharatiya Nagarika 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 as also 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 Madhepura Excise

          P.S. Case No. 298 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.14652 of 2026(2) dt.25-02-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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