Patna High Court
Shailesh Yadav @ ShaileshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioner had a clean antecedent and there was non‑compliance of Sections 103 and 105 of the BNSS.
Summary
The petitioner, Shailesh Yadav, was arrested on 23 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly possessing 45 litres of English wine. He applied for bail, claiming a clean antecedent and that the FIR was fabricated, also alleging procedural lapses under Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed the bail. The Court noted the petitioner’s clean record and the non‑compliance of the statutory provisions, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The bail bond was to be accepted without delay pending verification. The order was pronounced by Justice Rajesh Kumar Verma of the Patna High Court.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2018.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS warrants bail.
- Whether the petitioner’s clean antecedent justifies release on bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition
- excise
- Section 30(a)
- procedural compliance
- criminal antecedent
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19365 of 2026
Arising Out of PS. Case No.-57 Year-2026 Thana- RASULPUR District- Saran
======================================================
Shailesh Yadav @ Shailesh Son of Gama Yadav R/o Village - Sarav Khurd,
P.S. - Ekawana, Dist. - Deoriya, State - Uttar Pradesh.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Raushan Raj, learned counsel for the
petitioner and Mr. Nand Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
23.02.2026 in connection with Rasulpur P.S. Case No. 57 of
2026, F.I.R. dated 22.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 45 liters of English wine.
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 the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offences as alleged in the
F.I.R. Infact the two seizure list witnesses are police personnel
Patna High Court CR. MISC. No.19365 of 2026(2) dt.31-03-2026
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and there is non-compliance of Section 103 and 105 of BNSS
and the petitioner is in custody since 23.02.2026.
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,
petitioner has clean antecedent and there is non-compliance of
Section 103 and 105 of BNSS, 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 2nd Exclusive Special Excise Judge,
Saran, Chapra in connection with Rasulpur P.S. Case No. 57 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
move for cancellation of bail.
iii. And further condition that the court below shall
Patna High Court CR. MISC. No.19365 of 2026(2) dt.31-03-2026
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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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