Patna High Court
Haricharan Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied the petitioner's application for regular bail.
Summary
Haricharan Prasad Yadav was arrested in connection with the seizure of 301.32 litres of Indian Made Foreign Liquor (IMFL), of which 293.76 litres were recovered from his residence, under section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that he was falsely implicated, that no incriminating article was found on his person, and that the prosecution lacked independent witnesses, having been in custody since 29 January 2026. The State opposed bail, highlighting the large quantity seized and the petitioner's prior record under the same Act. The Court, after weighing the evidence and the petitioner’s antecedent, declined to grant regular bail, noting the seriousness of the offence and the risk of tampering with evidence. The petitioner was allowed to file a fresh bail application after six months.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the quantity of liquor seized and his prior record.
- Whether the prosecution’s evidence is sufficient to justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- illegal liquor
- possession
- antecedent
- Bihar Prohibition and Excise Act
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23204 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- Excise P.S. District- Gopalganj
======================================================
Haricharan Prasad Yadav S/o Jagarnath Prasad Yadav R/o Village - Bathua
Mahua Tola, Ward No. 09, P.S - Manjhagarh, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Shahi, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 02-06-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gopalganj Excise P.S.
Case no. 65 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 293.76 liters of IMFL
was recovered from the karkat house of the petitioner in the
village thus making total recovery of 301.32 liters of IMFL from
the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
Patna High Court CR. MISC. No.23204 of 2026(3) dt.02-06-2026
2/2
possession who has been falsely implicated in the case. He has no
concern with the seized liquor. No independent witness has
supported the prosecution case and the petitioner is in custody since
29.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the total recovery of 301.32 liters of
which 293.76 litres of IMFL was recovered from the karkat
house of the petitioner together with the petitioner having an
antecedent under the Bihar Prohibition and Excise Act, 2016,
the Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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