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Patna High Court

Saroj Yadav @ Saroj SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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