Patna High Court
Ajay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Ajay Yadav was arrested in connection with a case alleging possession of 147.78 litres of liquor and three empty cartridges found in a Swift Dzire, charging him under several sections of the Bihar Nagarik Suraksha Sanhita, the Arms Act and the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the vehicle, had no knowledge of the goods, and that no incriminating material was found in his personal possession. He also highlighted the lack of compliance with Section 103 of the Bihar Nagarik Suraksha Sanhita, 2023, and pointed to a prior bail grant to a co‑accused in a related matter. The State opposed the bail application, emphasizing the seriousness of the offences. Considering the petitioner’s custody period, the absence of direct evidence against him, and the procedural lapse, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences under the Bihar Nagarik Suraksha Sanhita, Arms Act and Prohibition Act
- Whether the lack of direct incriminating material and non‑ownership of the vehicle justify bail
- Whether non‑compliance with Section 103 of the Bihar Nagarik Suraksha Sanhita, 2023, affects the bail decision
Legislation cited
- Arms Act — s. 26, 27, 35
- Bihar Nagarik Suraksha Sanhita — s. 103, 109, 132, 191(2), 191(3), 324(4)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- criminal procedure
- Arms Act
- Prohibition Act
- liquor seizure
- Section 103 compliance
- Bihar Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17159 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Ajay Yadav Son of Late Nand Ji Yadav @ Nandji Yadav R/o Vilage - Balua,
P.S. - Brahmpur, Dist. - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Brahmpur P.S. Case No. 181 of 2025, instituted for the offences
punishable under Sections 191(2), 191(3), 109, 132, 324(4) of
the BNS and Section 27, 26 and 35 of the Arms Act and Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 147.780 liters
liquor as well as three empty cartridges were recovered from
Swift Dzire car.
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
Patna High Court CR. MISC. No.17159 of 2026(2) dt.11-03-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner was neither owner nor
driver of the vehicle and he has no knowledge regarding nature
of goods loaded on the vehicle. The name of the petitioner has
been disclosed by the local Chowkidar. The other co-accused
has been granted privilege of bail by this Bench vide order
dated 15.12.2025 passed in Criminal Miscellaneous No. 86283
of 2025. The petitioner is in custody since 10.02.2026 and has
got one criminal antecedent. There is no compliance of Section
103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Brahmpur P.S. Case
No. 181 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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