Patna High Court
Sujit YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner subject to a bond of Rs. 10,000, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Sujit Yadav, was implicated in a case under Section 30(a) of the Bihar Excise Act after 42.84 litres of illicit liquor were recovered from a sack tied to a motorcycle. He contended that he was not present at the scene, had no possession of the liquor or the motorcycle, and was being falsely implicated despite three prior criminal antecedents. The State opposed his bail application. The court, after considering the facts, the nature of the allegation, and the submissions of counsel, ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, including cooperation with the investigation and attendance at trial. The bail bond may be cancelled if the petitioner is absent for two consecutive trial dates. The order was pronounced by Justice Sunil Dutta Mishra.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to a petitioner accused under Section 30(a) of the Bihar Excise Act?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- excise law
- illicit liquor
- Section 30
- criminal procedure
- surety
- investigation cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24119 of 2026
Arising Out of PS. Case No.-466 Year-2025 Thana- UCHKAGAON District- Gopalganj
======================================================
Sujit Yadav S/O Basant Chaudhary Resident of Vill.- Balahata, P.S.-
Uchkagaon, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered
under Section 30(a) of Bihar Excise Act.
3. As per prosecution case, 42.840 liters illicit liquor was
recovered from a sack, tied on the motorcycle, bearing Reg. No.
BR01-DY-4140.
4. Learned counsel appearing on behalf of the petitioner
submits that petitioner is innocent and has falsely been
implicated in the present case merely on suspicion as he has
three criminal antecedents. Further submission is that petitioner
was not present on the spot and he has no concern with the
seized liquor and motorcycle. Nothing has been recovered from
the conscious possession of the petitioner. Petitioner undertakes
Patna High Court CR. MISC. No.24119 of 2026(2) dt.17-04-2026
2/2
to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case, submissions of learned counsel for the parties and
nature of allegation, let the above named petitioner be released
on bail, in the event of arrest or surrender before the Court
below within a period of six weeks from today, on furnishing
bail bond of Rs. 10,000 (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
District and Additional Sessions Judge-XIII-cum-Special Excise
Court No. 1, Gopalganj, in connection with Uchkagaon P.S.
Case No. 466 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 with further condition:-
(i) Petitioner shall co-operate in the investigation and
trial and shall remain present on each and every date during trial
and in his absence on two consecutive dates, the trial court is at
liberty to cancel his bail bond.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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