Patna High Court
Saroj Yadav @ Saroj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is granted to the petitioner subject to a Rs.10,000 bond, two sureties (one a blood relative), and the condition of cooperation with the investigation.
Summary
The petitioner, Saroj Yadav, sought bail after being implicated in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018, for alleged possession of large quantities of illicit liquor and brewing materials. He contended that the allegations were based on false information from a village watchman, that the seized items were not in his physical possession, and that the search violated mandatory procedural requirements. The State opposed bail, highlighting the petitioner’s seven prior similar offences, though the petitioner claimed he was already on bail in those matters. The Court considered the bail application under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and ordered bail on the condition of a Rs.10,000 bond with two sureties, one of whom must be a blood relative, and a requirement that the petitioner cooperate with the investigation. The bail order also allowed the lower court to cancel the bond if the petitioner fails to cooperate.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents and the nature of the alleged offences under the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the search and seizure conducted in the case complied with mandatory procedural provisions.
- Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are satisfied for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- prohibition law
- excise
- search and seizure
- prior criminal antecedents
- Section 482
- BNSS
- liquor offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19465 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- OBRA District- Aurangabad
======================================================
Saroj Yadav @ Saroj Singh S/O Sahdev Yadav R/O Vill.- Mastalichak, P.S.-
Obra, District – Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered
for the offences punishable under Section 30 (a) and 30 (c) of
the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. A bare perusal of the first information report and the
seizure list would go to show that 100 liters of country made
liquor, 700 liters of fermented Mahua and several articles for
brewing liquor have been recovered from a paddy field.
4. It is submitted by learned counsel for the petitioner that
the name of the petitioner has been falsely implicated in this
case on the basis of disclosure made by the village Chaukidar,
rather the fact of the matter is that nothing has been recovered
from the conscious physical possession of the petitioner. It is
Patna High Court CR. MISC. No.19465 of 2026(2) dt.06-04-2026
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further submitted that the place of recovery is an open place
and easily accessible to anyone, hence no responsibility can be
fixed on the petitioner. It is further submitted that there is
violation of mandatory provision in search and seizure as also
there is no eye witness to the said seizure list. Petitioner has
seven criminal antecedents of similar nature of the offence as
stated in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail on
the ground that the petitioner has seven criminal antecedents of
similar nature of the offence. In response, it is submitted on
behalf of the petitioner that the petitioner is on bail in all the
cases.
6. At this stage, it is submitted that an amount of
Rs.10,000/- (Rupees Ten Thousand) shall be deposited by the
petitioner in the account of the Advocate Association, Patna
High Court, Patna and the receipt thereof shall be produced at
the time of furnishing bail bonds.
6. Having regard to the facts and circumstances of the case,
let the above named petitioner, be released on bail, in the event
of his arrest or surrender before the learned Court below within
a period of four weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
Patna High Court CR. MISC. No.19465 of 2026(2) dt.06-04-2026
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where the case is pending/successor Court in connection with
Obra P.S. Case No.36 of 2026, subject to the condition as laid
down under Section 482 (2) Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, subject to the further condition that :
(i) One of the bailors would be the blood relative of the
petitioner.
(ii) The petitioner would cooperate in the investigation/trial and
in failure to do so, the learned Court concerned would be at
liberty to cancel the bail bonds of the petitioner.
(Soni Shrivastava, J)
Trivedi/-
U T
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