Patna High Court
Sitaram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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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