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Patna High Court

Sitaram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Sitaram Yadav, was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that he supplied illicit liquor (IMLF) to his nephew, Mantu Yadav, whose house was searched and 6.15 litres of liquor were seized. The prosecution’s case rested on the nephew’s statement that the liquor was given by the petitioner, but no incriminating article was recovered from the petitioner’s possession. The petitioner, who had been in custody since 28 January 2026, filed an application for regular bail, asserting false implication and willingness to cooperate with the investigation. The State opposed the bail, but the court noted the absence of any seized material against the petitioner and the length of his pre‑trial detention. Consequently, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge‑2, Buxar.

Issues considered

  • What is the appropriateness of granting regular bail to the petitioner under section 30(a) of the Bihar Prohibition and Excise Act, 2016 when no incriminating article has been recovered from his possession?

Legislation cited

Subjects

  • bail
  • regular bail
  • excise law
  • prohibition
  • illicit liquor
  • section 30(a)
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23401 of 2026
                      Arising Out of PS. Case No.-21 Year-2026 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Sitaram Yadav S/O Ras Bihari Yadav R/O Village- Saphi- Balua, P.S-
                 Brahmpur, Distt.- Buxar.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shankar Kumar, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Brahmpur P.S. Case no.

                   21 of 2026 registered under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, on information having

                   been received and a search being conducted, it is stated that 6.15

                   litres of IMLF was recovered from the house of one Mantu

                   Yadav. On enquiry, it is stated that he disclosed that he had been

                   given the same by his uncle, the petitioner herein for sale.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner’s

                   possession who has been falsely implicated in the case because of his
           Patna High Court CR. MISC. No.23401 of 2026(2) dt.08-04-2026
                                                       2/2




                     antecedents. The petitioner is in custody since 28.1.2026 and

                     undertakes to cooperate in the investigation/trial.

                                  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 allegations in the FIR, no

                     incriminating article having been recovered from the petitioner’s

                     possession and his being in custody since 28.1.2026, the Court

                     directs the petitioner to be enlarged on bail in connection with

                     Brahmpur P.S. Case no. 21 of 2026 on furnishing bail bond of

                     Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                     amount each to the satisfaction of the learned Exclusive Special

                     Excise Judge-2, Buxar.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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