Patna High Court

Prem Kumar Yadav @ Prem YadavversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted regular bail to the petitioner with specified monetary and attendance conditions.

Summary

Prem Kumar Yadav was arrested in connection with the seizure of 56 litres of illicit foreign liquor and charged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018. The petitioner, who has 16 prior criminal cases, applied for regular bail, claiming innocence and offering to donate Rs.25,000 to a charitable organization without pleading guilty. The State opposed the bail. The Patna High Court, after considering the facts and the petitioner's submissions, allowed the bail application. The court ordered the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, deposit Rs.25,000 with Ramkrishna Mission Ashrama, and attend Manjhi Police Station every Sunday, failing which the bail would be cancelled.

Issues considered

Whether bail should be granted to a person charged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018 for possession of illicit liquor
Whether the conditions imposed by the court, including a charitable donation and regular police station attendance, are appropriate for granting bail

Subjects

bail
prohibition
excise
illicit liquor
criminal antecedents
regular bail
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17716 of 2026
                         Arising Out of PS. Case No.-293 Year-2025 Thana- EKMA District- Saran
                 ======================================================
                 Prem Kumar Yadav @ Prem Yadav S/o- Krishna yadav Village- Dumaigarh
                 Ps-Manjhi District- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr.Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Ekma P.S. Case No. 293 of 2025 registered for the offence

                   under section 30(a) of the Bihar Prohibition & Excise

                   (Amendment) Act, 2018.

                                3. The recovery is of 56 litres of illicit foreign liquor

                   from a tempo.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has 16 criminal antecedents. He

                   further submits that the petitioner is in custody since 21.01.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.17716 of 2026(2) dt.24-04-2026
                                            2/3




          organization without accepting his guilt.

                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                        7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                        8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Judge, Saran at

          Chapra / concerned Court below, in connection with Ekma P.S.

          Case No. 293 of 2025.

                        9. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs.25,000/- in Ramkrishna

          Mission Ashrama, Latu Maharaj Path, Opp. Circuit House,

          Chapra and produce the receipt of the same before the Court

          below. The bail bonds of the petitioner shall be accepted after

          verifying the genuineness of the receipt produced by the

          petitioner.

                        10. As a condition of this order, the petitioner after

          being released on bail, is directed to mark his attendance at

          Manjhi Police Station, District- Saran at Chapra on every
              Patna High Court CR. MISC. No.17716 of 2026(2) dt.24-04-2026
                                                          3/3




                        Sunday of the month. Any default in appearance at the Police

                        Station will result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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