Patna High Court
Antu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, holding that the recovery was not from his conscious possession and Section 103 of the BNSS, 2023 was not complied with.
Summary
Antu Yadav was arrested on 22 January 2026 in connection with a case under Section 30(a) of the Excise Act for the alleged possession of 90 litres of illicit liquor. The petitioner claimed that the liquor was recovered from a jointly owned house and not from his conscious possession, and that the investigation failed to comply with Section 103 of the BNSS, 2023. The State opposed bail, noting six other pending cases, though four of those were already on bail. The High Court considered the lack of direct possession and the procedural lapse, and ordered the petitioner released on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.
Issues considered
- Whether bail should be granted when the alleged contraband was not recovered from the accused's conscious possession.
- Whether non‑compliance with Section 103 of the BNSS, 2023 warrants bail.
- Whether the existence of other pending criminal cases affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
- Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- Excise Act
- Section 103 BNSS
- joint property
- non‑possession
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20958 of 2026
Arising Out of PS. Case No.-178 Year-2025 Thana- KRISHNAGARH District- Bhojpur
======================================================
Antu Yadav S/o Jang Bahadur Yadav Resident of Village- Hetampur, P.S.
Krishnagarh, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Singh, Advocate
For the State : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Mr. Ajay Kumar Singh, learned counsel for
the petitioner and Mr. Dr. Kumar Uday Pratap, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
22.01.2026, in connection with Krishnagarh P.S. Case No. 178
of 2025, F.I.R. dated 19.12.2025 registered for the offences
punishable under Sections 30(a) of the Excise Act.
3. Recovery is of 90 litres of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. and it appears
from the F.I.R. that nothing has been recovered from the
Patna High Court CR. MISC. No.20958 of 2026(2) dt.30-03-2026
2/3
conscious possession of the petitioner rather recovery has been
made from the joint house property of the petitioner and
altogether 90 lires of illicit liquor was recovered and there is
non-compliance of Sections 103 of BNSS, 2023 and the
petitioner is in custody since 22.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the recovery has been made from the
house of the petitioner and apart from that the petitioner carries
six more cases other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that out of six cases,
the petitioner is on bail in four cases.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 of the BNSS, 2023 and recovery has been made
from the joint house property of the petitioner, 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 Exclusive Special
Judge Excise Court 1st, Bhojpur at Ara in connection with
Krishnagarh P.S. Case No. 178 of 2025, subject to the
Patna High Court CR. MISC. No.20958 of 2026(2) dt.30-03-2026
3/3
following conditions :-
(1) 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.
(2) 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.
(3) 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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