Patna High Court
Dinesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail should be granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Dinesh Yadav, applied for bail in an excise case (Case No. 82 of 2026) alleging possession of six litres of foreign liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution claimed the liquor was recovered from the petitioner, while the defence argued innocence, lack of seizure from his possession, and non‑compliance with Section 105 of the B.N.S.S. during seizure. The State highlighted two prior similar offences against the petitioner. After hearing both sides, the Court considered the procedural lapse and the petitioner’s custody since 27‑02‑2026, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of equal amount and a direction not to commit similar offences in the future.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure warrants bail.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- Section 105
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19693 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
Dinesh Yadav, S/o Late Barmeshawar Singh Yadav @ Late Barmeshawar
Singh, Resident of Village- Bahadurpur Domaderwa Chausa, P.S.- Buxar
(Muffasil), District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Excise Buxar P.S. Case No. 82 of 2026 registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise (Amendment) Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner, altogether 6 liters of country
made foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. The
Patna High Court CR. MISC. No.19693 of 2026(2) dt.25-03-2026
2/2
seizure list witnesses are police personnel. Police has not
complied Section 105 of the B.N.S.S. while making the seizure.
Petitioner is languishing in judicial custody since 27.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of two cases of
similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Excise Court No.2, Buxar in connection with Excise
Buxar P.S. Case No. 82 of 2026 with the condition that
petitioner shall not indulge himself in the similar nature of
the offences in future.
(Ashok Kumar Pandey, J)
lata/-
U T
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