Patna High Court
Sakindra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.
Summary
Sakindra Yadav was arrested on 6 February 2026 in connection with a case involving the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, based on the seizure of 165 litres of illicit liquor from a forest area. The petitioner argued that he had a clean antecedent, was not in conscious possession of the liquor, and was falsely implicated, also highlighting non‑compliance of Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail. Considering the lack of direct possession, the petitioner’s clean record, and procedural lapses, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail bond was to be verified by the Exclusive Excise Court‑I, Jamui, and could be cancelled for non‑compliance. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act when the seized contraband was not in his conscious possession.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023, warrants denial of bail.
- Whether the petitioner’s clean antecedent and claim of false implication justify bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- illicit liquor
- clean antecedent
- non‑compliance of statutory provisions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22342 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- LACHHUAR District- Jamui
======================================================
Sakindra Yadav S/o Jago Yadav R/o vill - Baladih, P.S.- Sikandra, Distt.-
Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Rajesh Kumar Sinha, learned counsel for
the petitioner and Mr. Pradeep Narain Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.02.2026 in connection with Lacchuar P.S. Case No. 15 of
2026, F.I.R. dated 05.02.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 165 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery has been made from forest area. He further submits
Patna High Court CR. MISC. No.22342 of 2026(2) dt.06-04-2026
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that the petitioner has no concern at all with the alleged
recovery of the illicit liquor and he has been made accused in
the present case merely on the basis of suspicion and he is not
the owner of the motorcycle in question. He further submits that
there is non-compliance of Section 103/105 of the BNSS, 2023.
The petitioner is in custody since 06.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, nothing has been
recovered from the conscious possession of the petitioner and
there is non-compliance of Section 103/105 of the BNSS, 2023,
let the petitioner, above named, 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 the learned Exclusive
Excise Court-I, Jamui in connection with Lacchuar P.S. Case
No. 15 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.22342 of 2026(2) dt.06-04-2026
3/3
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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