Patna High Court
Sunil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner, not being found in possession of the contraband and having no personal involvement, is entitled to bail upon furnishing the prescribed bond and sureties.
Summary
The petitioner, Sunil Yadav, was implicated in a case (PS Case No. 290/2025) for alleged possession of 210.6 litres of liquor seized from two vehicles, one of which he owned. He was not arrested at the spot and no liquor was recovered from his personal possession. The petitioner argued that he was unaware of the misuse of his vehicle and that he would not abscond if released on bail. The State opposed the bail application. Considering the lack of direct evidence linking the petitioner to the contraband and his willingness to furnish bail, the court ordered his release on bail upon payment of a Rs. 5,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the circumstances of the seizure.
- Whether the facts showing no direct possession or personal involvement justify the grant of bail.
Subjects
- bail
- excise law
- liquor seizure
- vehicle ownership
- criminal procedure
- Section 30(a)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19121 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Sunil Yadav S/o Nageshwar Yadav @ Nage Yadav R/o - Purwari Tole,
Phulparas, P.S - Phulparas, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Ms. Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Phulparas P.S. Case No.290/2025, registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 210.6 litres of liquor from two
different vehicle. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and he came to be implicated based on the
fact that he is owner of one of the seized vehicles. It is next
submitted that no prudent person would use his own vehicle for
committing an occurrence and thus would create evidence
Patna High Court CR. MISC. No.19121 of 2026(2) dt.18-04-2026
2/2
against himself and hence would get implicated. It is also
submitted that the petitioner was completely unaware that
Deepak would misuse the vehicle in the manner as alleged who
was also apprehended from the spot. It is next submitted that
petitioner is in custody since 09.01.2026 and charge sheet has
been submitted. It is also submitted that if privilege of bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Phulpara
P.S. Case No.290/2025.
(Satyavrat Verma, J)
amit/-
U T
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