Created by Fuzzy Cloud

Patna High Court

Hari Shankar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Both petitioners are to be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Summary

The petitioners Sandeep Yadav and Hari Shankar Yadav were arrested in connection with a liquor‑seizure case (PS case No.166 of 2024) under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. They claimed they were falsely implicated, were not named in the FIR, and had no criminal antecedents, having been in custody since January 2026. The prosecution’s case was based on secret information and local eyewitnesses who said the accused fled the police and identified the petitioners among them. The Court observed that neither petitioner was arrested at the spot, both had clean records, and co‑accused had previously been granted bail. Consequently, the Court ordered that both petitioners be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties each. The order was pronounced by Justice Partha Sarthy of the Patna High Court.

Issues considered

  • Whether the petitioners are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite alleged false implication
  • Whether the absence of arrest at the spot and lack of criminal antecedent justify granting bail

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • false implication
  • liquor seizure
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.18160 of 2026
                   Arising Out of PS. Case No.-166 Year-2024 Thana- MALAHI District- East Champaran
                 ======================================================
                 SANDEEP YADAV Son of Balister Yadav@bairistar yadav, Resident of
                 VILL-Semrahi, P.S.- Yadopur, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                             CRIMINAL MISCELLANEOUS No. 18916 of 2026
                   Arising Out of PS. Case No.-166 Year-2024 Thana- MALAHI District- East Champaran
                 ======================================================
                 Hari Shankar Yadav Son of Hira Yadav @ Hira Prasad Yadav Resident of
                 Village- Chatiya, P.S.- Malahi, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 18160 of 2026)
                 For the Petitioner/s     : Mr. Aditya Kumar Pandey, Advocate
                 For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
                 (In CRIMINAL MISCELLANEOUS No. 18916 of 2026)
                 For the Petitioner/s     : Mr. Anshu Dhar Sharma, Advocate
                                            Ms. Namita Sharma, Advocate
                 For the Opposite Party/s : Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   25-03-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioners have preferred this application for

                   grant of regular bail in connection with Malahi P.S. Case no.166

                   of 2024 registered under section 30(a) of the Bihar Prohibition

                   and Excise Act, 2016.

                               3. As per the prosecution case, on secret information
Patna High Court CR. MISC. No.18160 of 2026(2) dt.25-03-2026
                                            2/3




          having been received about the consignment of liquor being

          dealt with, it is stated that a raid was conducted. Seeing the

          police personnel the informant states that three accused persons

          escaped. They were subsequently identified by the local people

          among whom one was the petitioner Hari Shankar Yadav.

                       4. Learned counsel appearing for the petitioner

          Sandeep Yadav submits that the petitioner is not named in the

          FIR. He was falsely implicated in the case in course of

          investigation wherein it was stated that the seized liquor was

          purchased by the accused persons from this petitioner. It is

          submitted that the allegations of the petitioner having sold

          seized liquor are false and incorrect. The petitioner has no

          criminal antecedent and is in custody since 11.1.2026. It is lastly

          submitted that coaccused Rajnish Kumar has been enlarged on

          anticipatory bail vide order dated 30.4.2025 passing Cr.Misc.

          no. 22825 of 2025 and coaccused Jainarain Yadav has been

          enlarged on regular bail vide order dated 2.4.2025 passed in Cr.

          Misc. no. 15320 of 2025. The case of the petitioner Hari

          Shankar Yadav stands on a similar footing to the said two

          coaccused.

                       5. Learned counsel appearing for the petitioner Hari

          Shankar Yadav submit that the petitioner has been falsely
          Patna High Court CR. MISC. No.18160 of 2026(2) dt.25-03-2026
                                                      3/3




                    implicated in the case with the allegation that he was among the

                    person who was seen fleeing away seeing the police personnel.

                    The cause of his false implication are his antecedents. The

                    petitioner is in custody since 12.1.2026.

                                 6. Heard learned A.P.P. for the State.

                                 7. Having learned counsel for the parties and taking

                    into consideration the allegations in the FIR, none of the two

                    petitioners having been arrested at the spot, the petitioners being

                    in custody since 11.1.2026 and 12.1.2026 together with the

                    petitioner Sandeep Yadav not having any criminal antecedent,

                    the Court directs both the petitioners to be enlarged on bail in

                    connection with Malahi P.S. Case no.166 of 2024 on each of them

                    furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two

                    sureties of the like amount each to the satisfaction of the learned

                    Exclusive Special Excise Judge-1, East Champaran at Motihari.


                                                (Partha Sarthy, J)

Bibhash

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.