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Patna High Court

Puni Yadav @ Dipak YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Puni Yadav was arrested in connection with the seizure of 41 litres of illicit country-made liquor from a bike and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner claimed he was not the owner of the bike, that the seizure was not carried out in compliance with Section 105 of the BNSS, and that he had been falsely implicated, having been in judicial custody since 14 January 2026. The State opposed bail, highlighting four prior criminal cases against the petitioner. After hearing both sides, the Court considered the alleged procedural lapse in the seizure and the petitioner’s claim of innocence. The Court granted bail on a bond of Rs. 10,000 with two sureties, directing compliance with the District & Additional Sessions Judge’s conditions.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act despite alleged procedural irregularities in the seizure and the accused’s prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • seizure
  • procedural lapse
  • criminal antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22333 of 2026
                      Arising Out of PS. Case No.-600 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Puni Yadav @ Dipak Yadav S/o Dinesh Yadav R/o vill- Bhanpur, P.S.-
                 Chaura, Dist.- Kushinagar (U.P.), presently resided at Ranipur ward no. 2,
                 P.s.- Kateya, Dist.- Gopalganj

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivam, Advocate
                                                  Mr. Deepankar Raj, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Kateya P.S. Case No. 600 of 2025 registered for the

                   offence punishable under Sections 30(a) and 41(1) of the Bihar

                   Prohibition and Excise Act.

                                 3. The case of the prosecution, in short, is that from a

                   bike, altogether 41 liters of illicit country made liquor was

                   recovered from a bike.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is not the owner of the
           Patna High Court CR. MISC. No.22333 of 2026(2) dt.07-04-2026
                                                       2/2




                     alleged bike. He also submits that nothing has been recovered

                     from the possession of the petitioner. The witnesses of the

                     seizure list are police personnel and the police has not complied

                     with Section 105 of the BNSS while making the seizure. He

                     further submits that the petitioner is languishing in judicial

                     custody since 14.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of four cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned District

                     & Additional Sessions Judge-XIII-cum-Special Judge, Excise-I,

                     Gopalganj in connection with Kateya P.S. Case No. 600 of

                     2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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