Patna High Court
Vinod YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Vinod Yadav, a driver, was arrested in connection with the seizure of 708.72 litres of illicit foreign liquor and charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner argued that no liquor was found in his possession, that the police seizure did not comply with Section 105 of the BNSS, and that he was merely a driver unaware of the consignment, with no prior criminal record and having been in custody since 15‑01‑2026. The State opposed the bail application. After hearing both sides, the Court considered the lack of personal possession, procedural lapses in the seizure, and the petitioner’s clean antecedents, and decided to grant regular bail. He was released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the concerned Excise Court Judge. The order reflects the Court’s discretion to grant bail where the accused’s role is minimal and procedural irregularities exist.
Issues considered
- Whether bail should be granted to a driver accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act when no liquor was recovered from his possession
- Whether non‑compliance with Section 105 of the BNSS in the seizure process warrants bail
- Whether the petitioner’s lack of criminal antecedents and role as a driver affect the bail decision
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- driver
- seizure procedure
- Section 105
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17006 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Vinod Yadav S/o- Pujari Yadav Resident of Village- Bangali Patti PS-
Vishunpura, Dist- Kushinagar, U.P
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Kumar, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that from a
Bolero pick-up altogether 708.72 liter of illicit foreign liquor
was recovered.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this
petitioner. Learned counsel for the petitioner has further
submitted that the witnesses of the seizure list are police
personnel and police have not complied Section 105 of the
BNSS while making seizure. Learned counsel for the petitioner
Patna High Court CR. MISC. No.17006 of 2026(3) dt.09-04-2026
2/2
has further submitted that the petitioner is merely a driver and
he was ignorant about the consignment. Learned counsel for the
petitioner has further submitted that the petitioner is having no
criminal antecedent and he is in judicial custody since
15.01.2026.
5. Learned APP for the State has vehemently opposed
the bail application of the petitioner.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Kuchaikote P.S. Case No. 28 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District & Additional Sessions
Judge-IV-cum-Exclusive Special Judge, Excise Court-II,
Gopalganj.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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