Patna High Court
Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Rajesh Yadav, was arrested in connection with the alleged seizure of 105 litres of country-made liquor, an offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was not recovered from his possession and that the police had failed to comply with Section 105 of the BNSS while preparing the seizure list. The State opposed bail, highlighting two prior convictions of a similar nature. After hearing both sides, the Court found merit in the petitioner's claim of procedural lapse and, despite the antecedents, decided to grant regular bail. He was released on a bail bond of Rs.10,000 with two sureties, subject to a condition that he not commit a similar offence in the future.
Issues considered
- Whether the petitioner is entitled to regular bail despite prior similar convictions.
- Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants granting bail.
- Whether the alleged seizure of liquor, not found in the petitioner's possession, affects the bail application.
Legislation cited
- BNSS — s. 105
Subjects
- regular bail
- excise offence
- liquor seizure
- procedural lapse
- prior convictions
- Bihar Prohibition and Excise Act
- Section 105 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23063 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Rajesh Yadav S/O Shri Brahamdev Yadav Resident of Village- Lakho Chak,
Ward No. 05, P.S.- Kiul, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shaukat Alam, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that gunny bag,
altogether 105 liters of country made liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the possession of the petitioner. Learned counsel
has submitted that the witnesses of the seizure list are police
personnel and police has not complied Section 105 of BNSS
while preparing seizure list. Moreover, he is languishing in
Patna High Court CR. MISC. No.23063 of 2026(2) dt.08-04-2026
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judicial custody since 26.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having two criminal antecedents of
similar nature.
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 released on bail in connection with
Excise P.S. Case No. 120c2 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge VIIth cum Exclusive Special Excise Court-II,
Lakhisarai with a condition that the petitioner shall not
indulge himself in similar nature of offence in future.
(Ashok Kumar Pandey, J)
shubham/-
U T
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