Patna High Court
Chadan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted at this stage and dismissed the bail application.
Summary
The petitioner, Chandan Yadav, a khalasi of a truck, was arrested on 8 December 2025 after a search recovered 1,473.12 litres of Indian Made Foreign Liquor (IMFL) from the vehicle. He was charged under section 30(a) of the Bihar Prohibition and Excise Act, 2016, and has been in custody since his arrest. The petitioner filed an application for regular bail, claiming he was falsely implicated and that no contraband was found in his personal possession. The State opposed the bail, emphasizing the large quantity of liquor seized and the petitioner’s role as the driver present at the spot. The High Court, after hearing both sides, declined to grant bail, noting the seriousness of the alleged offence, and ordered the application dismissed. The court, however, permitted the petitioner to file a fresh bail application after six months.
Issues considered
- Whether the petitioner is entitled to regular bail under the circumstances of a large seizure of illicit liquor under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- illegal liquor seizure
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23449 of 2026
Arising Out of PS. Case No.-408 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
Chandan Yadav S/O Shambhu Prasad Yadav resident of village Gamhariya,
Ward No. 12, P.S.-Baijnathpur, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Naugachia P.S. Case
no.408 of 2025 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, on search being
conducted 1473.12 litres of IMFL was recovered from the truck
in question and the petitioner who is a khalasi of the truck was
taken into custody.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the case. No
incriminating article has been recovered from the vehicle in
question or from the possession of the petitioner. Accepting the
allegations levelled in the FIR, he is only said to be a khalasi.
Patna High Court CR. MISC. No.23449 of 2026(2) dt.08-04-2026
2/2
The petitioner is in custody since 8.12.2025 and undertakes to
cooperate in the investigation/trial. Chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation of recovery of 1473.12
litres of IMFL from the truck in question of which the petitioner
who is a khalasi was taken into custody at the spot, 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)
Saurabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.