Patna High Court
Virendra Yadav @ Virendra Singh @ Birendra YdavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted on condition of furnishing a bond of Rs.5,000 with two sureties.
Summary
The petitioner, Virendra Yadav, was arrested in connection with the alleged recovery of 12.6 litres of liquor from an open space and charged under Section 30 of the Bihar Prohibition and Excise (Amendment) Act, 2018. He contended that the liquor was not in his conscious possession, the place of alleged recovery did not belong to him, and that he was implicated by an inimical watchman (chawkidar). He had been in custody since 15 February 2026 and sought regular bail. The State opposed the bail application. After hearing both sides, the Court held that bail could be granted given the circumstances and ordered the petitioner’s release upon furnishing a bail bond of Rs.5,000 with two sureties. The bail order was directed to be complied with before the trial court handling the case.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 30 of the Bihar Prohibition and Excise (Amendment) Act, 2018 considering the alleged facts and lack of possession
Subjects
- bail
- prohibition act
- excise act
- liquor
- possession
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16410 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- SONEBARSA District- Buxar
======================================================
Virendra Yadav @ Virendra Singh @ Birendra Ydav S/o Late Gudani Yadav
@ Gudani R/o vill - Girdharbrawon, P.S.- Sonversa, Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. (Mr.) Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30 of the Bihar Prohibition
and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 12.6 litres of liquor from an open
space.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner.
It is further submitted that petitioner came to be implicated at
the instance of the Chawkidar with whom he is on an inimical
Patna High Court CR. MISC. No.16410 of 2026(2) dt.10-04-2026
2/2
term. It is next submitted that petitioner is in custody since
15.02.2026.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on furnishing
bail bonds of Rs.5,000/- (Rupees Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with
Sonversa P.S. Case No. 04 of 2026.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…