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Patna High Court

RAJ KUMAR YADAVversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Raj Kumar Yadav, was arrested in connection with the seizure of 43.560 litres of country‑made liquor from a Mahadev Dera, alleged to be an offence under section 30(a) of the Excise Act. He contended that he had no conscious possession of the liquor and that the police seizure violated the mandatory provisions of section 105 of the BNS. The State opposed his bail, citing the seriousness of the offence and his prior similar criminal antecedent. The court examined the procedural lapse and the fact that the liquor was recovered from an open place rather than from the petitioner’s possession. Considering these circumstances, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court No. 2, Buxar.

Issues considered

  • Whether the petitioner is entitled to regular bail for an offence punishable under section 30(a) of the Excise Act.
  • Whether the seizure of the liquor complied with the mandatory provisions of section 105 of the BNS.

Legislation cited

Subjects

  • regular bail
  • Excise Act
  • section 30(a)
  • section 105
  • procedural lapse
  • seizure
  • criminal antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23434 of 2026
                        Arising Out of PS. Case No.-16 Year-2026 Thana- NANIJOR District- Buxar
                 ======================================================
                 RAJ KUMAR YADAV Son of Bikrama Yadav Resident of Village Mahadev
                 Dera (Mahadev Ke Dera), P.S.- Nainijor, District - Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Shankar Pathak, Advocate
                 For the Opposite Party/s :       Mr.Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-04-2026                       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

                   Excise Act.

                                3.      The case of the prosecution is that altogether

                   43.560 liters of country made liquor was recovered from a

                   Mahadev Dera.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   nothing has been recovered from the conscious possession of

                   this petitioner rather the same has been recovered from an open

                   place. It is further submitted that all the witnesses to the seizure
            Patna High Court CR. MISC. No.23434 of 2026(2) dt.16-04-2026
                                                        2/2




                      list are police personnel and the police have not complied the

                      mandatory provision of Section 105 of the BNS at the time of

                      seizure.     Moreover, the petitioner is languishing in judicial

                      custody since 25.02.2026 having one criminal antecedent of

                      similar nature.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid 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 Nainjor P.S. Case No. 16 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

                      Exclusive Special Excise Court No. 2, Buxar/concerned Court.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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