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Patna High Court

Dinesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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