Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to a Rs.10,000 bond with two sureties and attendance conditions.
Summary
Surendra Yadav was arrested in connection with the recovery of 638.280 liters of illicit liquor and charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018. He had been in custody since 11 February 2026 and claimed a clean antecedent and innocence, asserting that he was falsely implicated. The High Court considered the nature of the offence, the petitioner’s custody period, and his claim of a clean record. The Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to appear at Nautan Police Station every Sunday of each month. The order also directed verification of the petitioner’s antecedent before accepting the bail bonds and clarified that the order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the petitioner’s claim of a clean antecedent and alleged false implication justify bail.
Subjects
- bail
- illicit liquor
- prohibition law
- Section 30(a)
- Section 32
- Bihar Prohibition and Excise Amendment Act, 2018
- criminal procedure
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22030 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- Excise P.S. District- Gopalganj
======================================================
Surendra Yadav S/O Gopal Yadav R/O Village- Bhangha Bhagwanpur, P.S-
Nautan, District- West Champaran (Bettiah).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lokesh Kumar Singh
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Gopalganj Excise P.S. Case No. 124 of 2026 registered for the
offence under Sections 30(a) and 32 of the Bihar Prohibition
and Excise Amendment Act, 2018.
3. As per the prosecution case, the recovery is of
638.280 liters of illicit liquor.
4. The petitioner is in custody since 11.02.2026 and
he claims to have clean antecedent.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
Patna High Court CR. MISC. No.22030 of 2026(3) dt.10-04-2026
2/2
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Gopalganj Excise
P.S. Case No. 124 of 2026.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Nautan Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
9. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
10. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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