Patna High Court
Mani Ram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and specified conditions.
Summary
Mani Ram Yadav was arrested on 16 February 2026 in connection with an FIR dated 15 February 2026 alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the recovery of 585 litres of illicit liquor from three motorcycles that he does not own. The petitioner claimed innocence, arguing that the seized liquor was not in his conscious possession and that the investigation failed to comply with Sections 103 and 105 of the BNSS. The prosecution opposed bail, citing a prior criminal antecedent of a similar nature, but also noted that the petitioner was already on bail in the same matter. The High Court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of the antecedent. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- illicit liquor
- Section 30(a)
- criminal antecedent
- BNSS
- non‑compliance
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23710 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Mani Ram Yadav Son of Rampukar Yadav @ Rampukar Resident of Village-
Ghat Madhiya, ward no. 11, P.S.- Basopatti, Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr. Bhavesh Kumar Sah, learned counsel
for the petitioner and Md. Anzarul Haque Sahara, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.02.2026 in connection with Sadar Excise P.S. Case No. 78 of
2026, F.I.R. dated 15.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 585 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from three motorcycles in question and the petitioner
Patna High Court CR. MISC. No.23710 of 2026(2) dt.08-04-2026
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is not the owner of the vehicle in question. He further submits
that there is non-compliance of Section 103 and 105 of BNSS
and the petitioner is in custody since 16.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries one criminal antecedent other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge Excise Act, Madhubani in connection with Sadar
Excise P.S. Case No. 78 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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