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Patna High Court

Anil YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Anil Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 1.620 litres of liquor recovered from his shop. He claimed innocence, arguing that the liquor was planted and that no incriminating material was found in his possession, while noting nine prior criminal antecedents and lack of compliance with Section 103 of the Bihar Narcotic Substances Act, 2023. The State opposed bail. Considering the facts, the court found the antecedents not sufficient to deny bail and ordered his release on bail after framing of charge, subject to a cash bond of Rs.15,000 and five conditions, including family surety, appearance at trial, non‑tampering with evidence, no commission of similar offences, and restriction on leaving the jurisdiction. The bail may be cancelled if any condition is breached.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and his criminal antecedents.
  • Whether the non‑compliance with Section 103 of the Bihar Narcotic Substances Act, 2023, affects the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • liquor possession
  • criminal antecedent
  • Section 103
  • Bihar Narcotic Substances Act
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14699 of 2026
                    Arising Out of PS. Case No.-504 Year-2023 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Anil Yadav S/o Ramashray Yadav@Shiyaram Yadav R/o vill - Gandhinagar,
                 P.S.- Town, Distt.- Aurangabad

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Rajendra Prasad Nat, 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 Town

                   PS Case No. 504 of 2023 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 1.620 liters

                   liquor was recovered from the shop of the petitioner.

                           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. It is submitted

                   that recovery is planted by the police party on extraneous
Patna High Court CR. MISC. No.14699 of 2026(2) dt.27-02-2026
                                            2/3




          consideration. The petitioner is in custody since 16.01.2026 and

          has got nine (9) criminal antecedent/s. There is no compliance

          of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. 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, clean antecedent of the petitioner 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, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Town PS Case No. 504 of 2023, 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 and shall not remain absent on two consecutive

          dates without sufficient cause.

                       (III) The petitioner will not tamper with the evidence

          or the witnesses during the trial.
           Patna High Court CR. MISC. No.14699 of 2026(2) dt.27-02-2026
                                                       3/3




                                   (IV) Petitioner shall not commit offence of similar

                     nature in future.

                                   (V)   Petitioner      shall    not     leave   the   territorial

                     jurisdiction of the learned Court below without taking prior

                     permission of the court concerned.

                             If any of the above conditions are violated, the Trial

                     Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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