Patna High Court
Baban YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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