Patna High Court
Anil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bihar Narcotic Substances Act, 2023 — s. 103
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
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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
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(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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