Patna High Court
Baldev Yadav @ Baaldev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Baldev Yadav was arrested on 15 February 2026 in connection with a seizure of 115 litres of illicit Mahua wine under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner claimed innocence, arguing that the FIR was based solely on suspicion and that mandatory provisions of Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023 were not complied with. The prosecution opposed bail, citing three prior similar cases, though the petitioner was already on bail in those matters. The court examined the lack of concrete evidence linking the petitioner to the seized wine and considered the procedural lapses alleged. It granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was subject to cancellation if conditions were breached.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the alleged procedural lapses and suspicion.
- Whether the non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023 warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- Section 30
- suspicion
- criminal antecedent
- Bihar High Court
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22356 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- TANKUPPA District- Gaya
======================================================
Baldev Yadav @ Baaldev Yadav S/o- Ramji Yadav Mohallah -Laxmipur P.S.-
Tankuppa District - Gaya ji
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pushp Raj Singh
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.02.2026 in connection with Tankuppa P.S. Case No. 257 of
2025 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. The prosecution case, in brief, is that on 26.12.2025
at about 06.00 A.M. informant has received a confidential
information that Baldev Yadav s/o Ramji Yadav has kept Wine
in Aahar-canal situated near Laxmipur Hill. It is further alleged
that on this information, he reached at Aahar situated near
Laxmipur hill and saw a person running away after seeing
Patna High Court CR. MISC. No.22356 of 2026(2) dt.06-04-2026
2/4
police force. It is further alleged that informant tried to catch
him with the help of police force but failed. It is further alleged
that then informant reached at Aahar and found 115 liters
Chulaee Desi Mahua Wine kept in sack. It is further alleged that
informant has seized above articles and prepared seizure list in
presence of witnesses. It is further alleged that total 115 liters
Chulaee Desi Mahua Wine has been recovered. It is further
alleged that no person has been arrested at the place of
occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel for the petitioner submits that it
appears from the FIR that altogether 115 litters of Chulaee Desi
Mahua liquor was recovered near the canal and petitioner has
been made an accused on the basis of suspicion and except
suspicion, no other cogent material has come during
investigation to suggest the involvement of petitioner in the
present occurrence and there is non-compliance of mandatory
provisions of Sections 103 and 105 of BNSS, 2023 and
petitioner is in custody since 15.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
Patna High Court CR. MISC. No.22356 of 2026(2) dt.06-04-2026
3/4
submits that petitioner has antecedent of three cases of similar
nature other than the present case but fairly submits that the
petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
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
Special Judge Excise-2, Gaya Ji in connection with Tankuppa
P.S. Case No. 257 of 2025, 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.
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
Patna High Court CR. MISC. No.22356 of 2026(2) dt.06-04-2026
4/4
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)
Gaurav Sinha/-
U T
Checking your session…