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Patna High Court

Prem Yadav @ Prem KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to cash bond, sureties and conditions of appearance.

Summary

The petitioner, Prem Yadav, a driver, was arrested in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for the alleged recovery of 196 litres of country-made liquor. He contended that he had no knowledge of the goods, that no incriminating material was found in his possession, and that he had no prior criminal record. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, asserting the seriousness of the offence. After considering the facts, the court found the petitioner’s custody period and lack of personal involvement sufficient to grant bail, subject to a cash bond and sureties, and conditions of regular appearance in court.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the prosecution has complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the bail application.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • liquor
  • driver
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2357 of 2026
                        Arising Out of PS. Case No.-279 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Prem Yadav @ Prem Kumar Son of Late Ramdeo Yadav R/o - Lauaa Kala
                 (Lauwan Kala), P.S - Baniyapur, Baniapur, District - Saran.
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :         Mr.Damodar Prasad Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Sadar

                   Excise P.S. Case No. 279 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 196

                   liters of country made liquor was recovered from Tampoo.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and
           Patna High Court CR. MISC. No.2357 of 2026(2) dt.19-01-2026
                                                       2/2




                     he has no knowledge regarding the goods loaded in the vehicle.

                     The petitioner is in custody since 23.10.2025 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sadar Excise P.S.

                     Case No. 279 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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