Patna High Court
Radheshyam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners, subject to conditions, as there was no evidence of conscious possession and procedural non‑compliance.
Summary
The petitioners, Radheshyam Yadav and Hari Yadav, were arrested on 25‑02‑2026 in connection with a case involving the seizure of 341.460 litres of illegal foreign liquor, alleged to be offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. They contended that they had no conscious possession of the liquor, that the seizure was from a truck, and that there was non‑compliance of Sections 103 and 105 of the BNSS, while also asserting a clean criminal antecedent. The Additional Public Prosecutor opposed bail. The Court, noting the petitioners' clean antecedent and the alleged procedural lapses, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, and no tampering with evidence. The bail order also directed verification of criminal antecedents without delaying the acceptance of the bond. The petition was therefore disposed with bail granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS affects the grant of bail.
- Whether the accused were in conscious possession of the seized illegal liquor.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- clean antecedent
- non‑compliance
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22871 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur
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1. Radheshyam Yadav S/o- Nandji Yadav Resident of Village- Laxman Dera
Chakki Ward No 16 PS- Brampur Dist-Buxar
2. Hari Yadav S/o- Bhim Yadav R/v- Badka Dakaich W.No-3, Ps-
Krishnabrahm Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Amresh Kumar Sinha, learned counsel
for the petitioners and Ms. Sharda Kumari, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
25.02.2026 in connection with Jagdishpur P.S. Case No. 24 of
2026, F.I.R. dated 25.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 341.460 liters of illegal foreign
liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that it appears
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from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioners
rather the recovery has been made from truck in question. He
further submits that there is non-compliance of Section 103 and
105 of BNSS and the petitioners are in custody since
25.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
the petitioner have clean antecedent and there is non-compliance
of Section 103 and 105 of BNSS, let the petitioners, 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 Excise,
Court No.II, Bhojpur, Ara in connection with Jagdishpur P.S.
Case No. 24 of 2026, subject to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
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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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Suruchi/-
U T
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