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Patna High Court

Chadan YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


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