Patna High Court
Sunil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner Sunil Yadav was arrested after police recovered 19.200 liters of illicit Nepali-made liquor from his residence. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act and has been in custody since 27 December 2025. The petitioner contended that he was falsely implicated and pleaded innocence, seeking bail. The State opposed the bail on grounds of the seriousness of the offence. Considering the facts, nature of the accusation and the period of custody, the Court allowed bail, directing release on a bond of Rs.10,000 with two sureties. The bail application was therefore granted.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and period of custody
Subjects
- bail
- prohibition act
- excise act
- illicit liquor
- criminal procedure
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19253 of 2026
Arising Out of PS. Case No.-552 Year-2024 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 : Mr. Arvind Kumar, Advocate
For the State : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per prosecution case, 19.200 liters illicit Nepali
made liquor was recovered from the house of this petitioner.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Petitioner has falsely been implicated in this case merely on
suspicion. Moreover, charge-sheet has already been framed and
petitioner is in custody since 27.12.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.19253 of 2026(2) dt.01-05-2026
2/2
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation and period of custody, the prayer for
grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned Special Judge, Excise Act, Jhanjharpur,
Madhubani in connection with Phulparas P.S. Case No. 552 of
2024.
(Prabhat Kumar Singh, J)
shashank/-
U T
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