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Patna High Court

Arbind Yadav @ Arvind YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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