Patna High Court
RAJ KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNS — s. 105
- Excise Act — s. 30(a)
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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