Patna High Court
Roushan Kumar Yadav @ Roushan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
Roushan Kumar Yadav was arrested on 08-02-2026 in connection with an illicit liquor seizure of 92.880 liters under Sections 274, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he had no conscious possession of the liquor, that the seizure was from a motorcycle, and that procedural requirements under Section 100 of the Cr.P.C. (as incorporated in the BNSS) were not complied with. The State opposed bail, arguing the seriousness of the offences. The High Court, after hearing counsel, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The order emphasized that bail should not be delayed for antecedent verification.
Issues considered
- Whether bail should be granted to the accused in an illicit liquor case involving Sections 274, 275, 3(5) of the Bharatiya Nyay Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance of Section 100 of the Cr.P.C. (BNSS) warrants denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- excise law
- procedural lapse
- criminal antecedent
- surety
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18435 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- LADANIA District- Madhubani
======================================================
Roushan Kumar Yadav @ Roushan Yadav Son of Ganga Yadav @ Genai
Yadav Resident of Village - Bhagwatipur, P.S. - Ladaniya, District -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Shailendra Kumar Jha, learned counsel
for the petitioner and Mr. Lakshmi Kant Sharma, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
08.02.2026 in connection with Ladaniya P.S. Case No. 47 of
2026, F.I.R. dated 08.02.2026 for the offences punishable under
Section 274, 275, 3(5) of Bharatiya Nyay Sanhita, 2023 and
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 92.880 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.18435 of 2026(2) dt.24-03-2026
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recovered from the conscious possession of the petitioner rather
the recovery has been made from motorcycle in question. He
further submits that there is non-compliance of Section 100 of
Cr.P.C/103 of BNSS and the petitioner is in custody since
08.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 Judge, Excise Court, Madhubani in connection with
Ladaniya P.S. Case No. 47 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.18435 of 2026(2) dt.24-03-2026
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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