Patna High Court
Jadu Yadav @ Yaddu Yadav @ Yaddunandan Yadav @ Yaddunand Prasad @ Yadunandan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Jadu Yadav, was arrested in connection with a case involving the seizure of 210 litres of illicit liquor and 5,000 litres of a prohibited solution, alleged to violate Sections 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act. He had been in custody since 7 January 2026 and possessed one prior criminal antecedent. The petitioner’s counsel offered to donate Rs. 25,000 to a charitable organization and sought regular bail, while the State opposed the relief. The Court, after considering the nature of the offences, the period of custody, and the petitioner’s antecedents, allowed the bail application subject to a cash deposit, surety bonds and attendance conditions. The order expressly stated that the observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused under Sections 30(a), 30(d) and 41 of the Bihar Prohibition and Excise Act despite the seriousness of the offence and his prior antecedent.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedent
- regular bail conditions
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17979 of 2026
Arising Out of PS. Case No.-171 Year-2021 Thana- RAJAOLI District- Nawada
======================================================
Jadu Yadav @ Yaddu Yadav @ Yaddunandan Yadav @ Yaddunand Prasad @
Yadunandan Kumar S/o- Horil Yadav @ Haril Yadav @ Harihar Prasad
Village-Satgir PS-Rajauli, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Ms. Harshita, Advocate
Mr. Umesh Prasad
For the Opposite Party/s : Mr. Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Rajauli P.S. Case No. 171 of
2021, registered for offences punishable under Sections 30(a)(d)
and 41 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 210 liters of illicit
liquor and 5000/- liters of Java Mahua Solution have been
recovered from the spot. The petitioner is in custody since
07.01.2026 and the petitioner has one criminal antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Patna High Court CR. MISC. No.17979 of 2026(2) dt.29-04-2026
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Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Rajauli P.S. Case
No. 171 of 2021, subject to the following conditions:
(I). The petitioner shall deposit a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) with
Ramakrishna Math, Village Jharha (near Matua
Pahar), P.O. Gurua, Dist. Gayaji, Bihar , and shall
produce a valid receipt thereof before the court
below. The bail bonds shall be accepted only after
verification of the genuineness of the said receipt.
(ii). The petitioner shall mark his
attendance at Rajauli Police Station on every 1 st
and 3rd Sunday of each month. In the event of
default, the bail bonds shall be liable to be
cancelled.
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(iii). Before accepting the bail bonds of
the petitioner, the court below shall verify the
petitioner’s criminal antecedents. If it is found that
the petitioner has any criminal antecedents other
than Rajauli P.S. Case No. 171 of 2021, the bail
bonds shall not be accepted. However, if the
petitioner is found to have only one criminal
antecedent, namely Rajauli P.S. Case No. 171 of
2021, the bail bonds shall be accepted by the court
below. However, such verification shall not be used
as a ground to unnecessarily delay acceptance of
the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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