Patna High Court

Akash Yadav @ Julum Yadav @ Sukhraj Yadav @ Sukhram YadavversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail could be granted despite the petitioner’s antecedents and lack of compliance with Section 103 of the BNSS, 2023, as no incriminating material was found in his possession and the circumstances warranted release on bond.

Summary

The petitioner, Akash Yadav, sought bail in a case (Bind PS Case No. 107 of 2025) for alleged offences under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act, where 132 litres of illicit liquor were recovered from two motorcycles. The prosecution alleged that the liquor was linked to the petitioner, while his counsel argued that he had no possession of the liquor, was falsely implicated based on a co‑accused’s statement, and had no incriminating material against him. The petitioner had been in custody since 7 December 2025 and possessed three prior criminal antecedents, and there was no compliance with Section 103 of the BNSS, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody period, and the circumstances, the court inclined to grant bail, ordering a bond of Rs 15,000 with two sureties and imposing conditions of family surety and regular appearance. The bail was consequently granted subject to the stipulated conditions.

Issues considered

Whether bail should be granted to the petitioner under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023 preclude the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition
excise
illicit liquor
criminal procedure
Section 103
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1652 of 2026
                         Arising Out of PS. Case No.-107 Year-2025 Thana- BIND District- Nalanda
                 ======================================================
                 Akash Yadav @ Julum Yadav @ Sukhraj Yadav @ Sukhram Yadav son of
                 Rajesh yadav @ Bindeshwar yadav Resident of village- Chatarpur, Ps- Bind,
                 Dist- Nalanda
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Satya Prakash, Adv.
                 For the Opposite Party/s :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Bind PS

                   Case No. 107 of 2025 instituted for the offences under Sections

                   30(a) and 41(i)of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 132 liters of

                   country made liquor was recovered from two motorcycles.

                           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. Learned counsel

                   for the petitioner submits that the petitioner is not concerned with

                   the said motorcycles and has been implicated in this case on the

                   disclosure made by the apprehended co-accused person. The
           Patna High Court CR. MISC. No.1652 of 2026(2) dt.19-01-2026
                                                       2/2




                     petitioner is in custody since 07.12.2025 and has got three criminal

                     antecedents. 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 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 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 Bind PS Case No. 107 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

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

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

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