Patna High Court
Puni Yadav @ Dipak YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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