Patna High Court

Mulayam YadavversusThe State of Bihar

Decided: 30 March 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner with specified monetary and attendance conditions.

Summary

The petitioner, Mulayam Yadav, was arrested in connection with the seizure of about 52 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish bail bonds of Rs.10,000 each with two sureties, deposit Rs.25,000 with Ramakrishna Math and produce the receipt, and attend the police station every Sunday of each month. The order is limited to the bail application and does not prejudice the merits of the trial. The petitioner was released on bail subject to these conditions.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 involving illicit liquor.
Whether the petitioner’s offer to donate Rs.25,000 without admitting guilt can be considered a condition for bail.

Subjects

bail
illicit liquor
prohibition law
Bihar Prohibition and Excise Amendment Act, 2022
criminal procedure
surety
charitable donation condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18255 of 2026
                 Arising Out of PS. Case No.-53 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
                 ======================================================
                 Mulayam Yadav S/O Hari Yadav Village- Badahara, P.S.- Durgawati, District-
                 Kaimur, State- Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar Mishra
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Durgawati P.S. Case No. 53 of 2026 registered for the offence

                   under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                 3. The recovery is of about 52 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 18.02.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.18255 of 2026(2) dt.30-03-2026
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                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Durgawati P.S. Case No. 53 of

          2026.

                        8. This is also subject to the condition that the

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

          Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.

          Gurua, Dist. Gayaji, Bihar 824205 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.

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

          being released on bail is directed to mark his attendance at

          Durgawati Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                       10. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at

          any subsequent stage of the trial and this Court has not express
          Patna High Court CR. MISC. No.18255 of 2026(2) dt.30-03-2026
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                    any opinion on the merits of the case.


                                                             (Sandeep Kumar, J)
Vikas/-
U

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