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Patna High Court

Roushan Kumar Yadav @ Roushan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                       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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