Patna High Court

Mahendra YadavversusThe State of Bihar

Decided: 24 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court held that bail should be granted to the petitioner, subject to a bond and sureties, as the circumstances did not warrant continued detention.

Summary

Mahendra Yadav, a truck driver, was arrested in connection with the seizure of 63.720 litres of foreign liquor alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, that it was not in his possession, and that the police failed to comply with Section 105 of the BNSS while making the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 21 January 2026. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Patna High Court granted bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Special Judge of the Excise Court.

Issues considered

Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the BNSS.
Whether a driver can be deemed to be in possession of contraband found in the vehicle he was operating.

Legislation cited

BNSS — s. 105

Subjects

bail
excise
seizure
possession
driver
Section 30(a)
Bihar Prohibition and Excise Act
Section 105
police procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18180 of 2026
                 Arising Out of PS. Case No.-10 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur
                 ======================================================
                 Mahendra Yadav S/o- Sri Siyaram Yadav @ Siyaram Singh Resident of
                 Village- Ramanuj Bag PS- Khudaganj Dist-Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :      Mrs. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                     Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Excise Jagdishpur P.S. Case No. 10 of 2026 registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   truck, altogether 63.720 liters of country made foreign liquor

                   was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is the driver of the said

                   truck. He further submits that nothing has been recovered from
           Patna High Court CR. MISC. No.18180 of 2026(2) dt.24-03-2026
                                                       2/2




                     the possession of this petitioner. The witnesses of the seizure list

                     are police personnel and the police has not complied with

                     Section 105 of the BNSS while making the seizure. The

                     petitioner was unaware of the liquor and the recovery thereof,

                     he is merely a driver of the said truck. He further submits that a

                     statement has been made in para 3 of the petition that petitioner

                     has no criminal antecedent and he is languishing in judicial

                     custody since 21.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Judge, Excise Court No.-II, Ara in connection

                     with Excise Jagdispur P.S. Case No. 10 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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