Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Surendra Yadav, a driver, was arrested on 20 February 2026 in connection with a case involving the seizure of 610 litres of country-made tanaka liquor from a vehicle. He was charged under Section 30(a) of the Bihar Prohibition & Excise Act (Amended) 2022. The petitioner argued that he had a clean antecedent, was not the owner of the vehicle, had no knowledge of the illicit liquor, and that the seizure was not from his conscious possession, also highlighting non‑compliance of Section 103 of the BNSS, 2023. The State opposed bail. Considering these facts, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding surety, cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused driver given the seizure of illicit liquor from a vehicle he was driving.
- Whether the non‑recovery of liquor from the accused's conscious possession and alleged non‑compliance of Section 103 of BNSS, 2023, warrant bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition act
- excise
- illegal liquor
- driver
- non‑ownership
- Section 103
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20483 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- KUTUMBA District- Aurangabad
======================================================
Surendra Yadav Son of Jag Govind Yadav Resident of Village- Pahadi, P.S.-
Chhatarpur, District- Palamu, Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rupa Kumari, Advocate
For the State : Mrs. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Mrs. Rupa Kumari, learned counsel for the
petitioner and Mrs. Pushpa Sinha.1, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
20.02.2026, in connection with Kutumba P.S. Case No. 34 of
2026, F.I.R. dated 19.02.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Act (Amended) 2022.
3. Recovery is of 610 litres of country made tanaka
liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. She further submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.20483 of 2026(2) dt.26-03-2026
2/3
rather recovery has been made from the vehicle in question and
altogether 610 litres of country made tanaka liquor was
recovered from the vehicle in question. She further submits that
the petitioner is not the owner of the vehicle in question but the
petitioner is the driver of the vehicle in question and he has no
knowledge about the illicit country made tanaka liquor and there
is non-compliance of Section 103 of BNSS, 2023 and the
petitioner is in custody since 20.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
nothing has been recovered from the conscious possession of
the petitioner as well as there is non-compliance of Section 103
of the BNSS, 2023, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned District & Additional Sessions Judge-
cum-Exclusive Special Judge, Excise Court No. 1, Aurangabad
in connection with Kutumba P.S. Case No. 34 of 2026, subject
to the following conditions :-
Patna High Court CR. MISC. No.20483 of 2026(2) dt.26-03-2026
3/3
(1) One of the bailors should be the close relative of
the petitioner.
(2) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(3) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(4) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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