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Patna High Court

Baban YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of any incriminating article recovered from the petitioner’s possession and considering the period of custody, bail must be granted.

Summary

The petitioner, Baban Yadav, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 765 litres of illicit liquor recovered from an open place. No liquor or any incriminating article was found in his personal possession, and he had been in custody since 23 February 2026. The petitioner argued that he was falsely implicated based on secret information. The State opposed bail, but the court noted the absence of any seized contraband from the petitioner and the length of his detention. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties of the same amount, directing release pending further proceedings.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating article has been recovered from his possession.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure
  • Section 30(a)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21137 of 2026
                     Arising Out of PS. Case No.-155 Year-2024 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Baban Yadav Son of Shankar Yadav R/o - Village - Sipaya, P.S -
                 Vishambharpur, District - West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Binay Kant Mani Tripathi, Advocate
                 For the State           :        Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. As per prosecution case, 765 liters of illicit liquor

                   was recovered from an open place.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   No incriminating article has been recovered from conscious

                   possession of this petitioner and he has falsely been implicated

                   in this case merely on the basis of secret information. The

                   alleged illicit liquor has been recovered from an open place,
             Patna High Court CR. MISC. No.21137 of 2026(2) dt.01-05-2026
                                                         2/2




                       which is accessible to one and all. Moreover, charge-sheet has

                       already been submitted and petitioner is in custody since

                       23.02.2026.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, fact that no incriminating article has been recovered from

                       possession of this petitioner and period of custody, the prayer

                       for grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

                       released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned District and Additional Sessions Judge-

                       XIII-cum-Special Excise Court-I, Gopalganj in connection with

                       Yadopur P.S. Case No. 155 of 2024.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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