Patna High Court
Arbind Yadav @ Arvind YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Bail was granted to the petitioner with conditions, subject to verification of his criminal antecedents.
Summary
The petitioner, Arbind Yadav, was apprehended after police intercepted a motorcycle carrying 130 litres of illicit mahua liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, asserting that the seized motorcycle did not belong to him and that procedural requirements under Section 103 of the B.N.S.S. were not followed. The State opposed bail, labeling him a habitual offender with three similar pending cases. The court considered the bail application, the nature of the alleged offense, and the petitioner’s criminal antecedents. It ordered that bail be granted upon surrender within eight weeks, subject to a Rs.10,000 bond, two sureties, and verification of antecedents, with the provision that bail may be cancelled if concealment is discovered. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner despite alleged violation of the Bihar Prohibition and Excise Act and prior criminal antecedents
- Whether procedural compliance under Section 103 of the B.N.S.S. is required for the seizure and bail considerations
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 482(2)
Subjects
- bail
- prohibition law
- excise
- habitual offender
- criminal antecedent
- Section 30
- Section 103
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18165 of 2026
Arising Out of PS. Case No.-283 Year-2024 Thana- CHAKAND District- Gaya
======================================================
Arbind Yadav @ Arvind Yadav S/o Late Shayamdeo Yadav Resident of
village - Delli Bigha, P.S.- Belaganj, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabia Gulnaz, Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Chakand P.S. Case No. 283 of 2024 for
allegedly having committed an offence under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, while the informant
was on patrolling duty, he got secret information with regard to
transportation of illicit wine and on such information, he
intercepted a motorcycle which was coming from Desin Bigha
N.H.-83. However, upon seeing the police party, the person
started fleeing away but was apprehended by the Police. Upon
search of the motorcycle, total 130 litres of country made
mahua liquor was recovered.
Patna High Court CR. MISC. No.18165 of 2026(2) dt.25-03-2026
2/3
4. The learned counsel for the petitioner submits
that the petitioner is innocent and his name transpired during
course of investigation. The petitioner has got no concern with
the alleged seized liquor and the motorcycle also does not
belong to the petitioner. While preparing the seizure list, the
provisions contained under Section 103 of the B.N.S.S. was
even not followed. The petitioner is having three criminal
antecedents of similar nature in which he is on bail.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner and submits that the
petitioner is a habitual offender and he is named in three other
cases of similar nature.
6. Having heard the learned counsel for the parties,
let the petitioner, above named, in the event of arrest or
surrender within a period of eight weeks, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.4, Gaya in connection with
Chakand P.S. Case No. 283 of 2024, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S., with further
condition:
(1) The learned Court concerned shall verify the
Patna High Court CR. MISC. No.18165 of 2026(2) dt.25-03-2026
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criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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