Patna High Court
Birendra Yadav @ Gulli YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the bail application, granting bail subject to specified conditions.
Summary
The petitioner, Birendra Yadav, was arrested in connection with the seizure of 400 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 18 February 2026. His counsel offered to donate Rs. 25,000 to a charitable organization without admitting guilt, while the State opposed the bail. The court considered the nature of the offence, the period of custody, and the petitioner’s undertaking, and granted regular bail. Bail was conditioned on a cash bond of Rs. 10,000 with two sureties, a deposit of Rs. 25,000 with Ramakrishna Math, and monthly attendance at the police station. The order clarified that the observations were prima facie and would not affect the trial’s merits.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19847 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Birendra Yadav @ Gulli Yadav S/O Dashrath Yadav Resident of village -
Tailhata Dhamani, P.S- Kawakoul, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan Kumar
For the Opposite Party/s : Ms. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Kawakoul P.S. Case No. 329 of
2025, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 400 liters of illicit
liquor have been recovered from the possession of the petitioner.
The petitioner is in custody since 18.02.2026.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand only) to a charitable organization,
without prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.19847 of 2026(2) dt.31-03-2026
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for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Kawakoul P.S. Case
No. 329 of 2025, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Math, Village Jharha (near
Matua Pahar), P.O. Gurua, Dist. Gayaji, Bihar,
and shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Kawakoul Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.19847 of 2026(2) dt.31-03-2026
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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