Patna High Court
Bishal Yadav @ Vishal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Bishal (Vishal) Yadav, was arrested in connection with an excise case where 475.2 litres of foreign liquor were recovered from a Hyundai vehicle. He applied for bail, claiming a clean antecedent, that he was neither the owner nor driver of the vehicle, and that the seizure violated Sections 103 and 105 of the BNSS, 2023. The prosecution argued that a prima facie case existed under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, given the large quantity of liquor seized. The court examined the facts, noted the recovery and the alleged procedural lapses, but found the prima facie case sufficient to justify bail with safeguards. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions to ensure the petitioner’s cooperation, prevent tampering with evidence, and allow verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to the accused despite a prima facie case under the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with mandatory provisions of Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- foreign liquor seizure
- Bihar Prohibition and Excise Act
- BNSS 2023
- prima facie case
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24326 of 2026
Arising Out of PS. Case No.-197 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Bishal Yadav @ Vishal Yadav Son of Dhanesh Yadav Resident of Village -
Kabirpur, Police Station - Mairwa, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghav Prasad
For the Opposite Party/s : Mr. Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.03.2026 in connection with Siwan (Excise) P.S. Case No.
197 of 2026 for the offences punishable under Sections 30(a)
and 47 of Bihar Prohibition and Excise Act.
3. The prosecution case, in brief, is that on the basis
of secret information, the informant and raiding team reached
the place mentioned in information, and started vehicle
checking it was seen that a Hyundai Gran 110 car bearing
registration number JH01CL242, was speeding very fast from
the direction of Siwan towards Malmaliya thereafter the team
started chasing the said vehicle and Maharajganj Excise Police
team surrounded the said vehicle and stopped.
During this, the driver sitting in the car and the person sitting
next to him both opened both car doors and started running
away, who were surrounded and stopped by the Informant. The
Patna High Court CR. MISC. No.24326 of 2026(2) dt.15-04-2026
2/4
co-driver was stopped and the driver managed to escape using
the canal route and jungle bushes. Seeing the police action many
people gathered there and they were requested to become
independent witnesses but no one was ready to become witness
thereafter, Tarkesh Kumar, from the raiding team was made
independent witnesses and in front of them, following the search
rules, the said Hyundai Grand i-10 car bearing registration
number JH10L2423, was searched, and 55 cartons of Officer's
Choice Original Whisky (each carton contained 48 pieces of 180
Ml. capacity each) were recovered from the middle seat said car.
Thus, a total quantity of 475.200 liters Foreign liquor was
recovered. Thereafter, the name and address of the arrested
person was asked and he told his name Vishal Yadav and the
person who fled away was Prashant Pander @ Shyam Pander.
The seizure list and arrest memo were prepared in presence of
witnesses, who put their signatures thereon and the same was
supplied to the accused person. The Court finds that in view of
the fact that prima facie case under the Excise Act, is made out
against the petitioner, he is F.I.R. named accused as there is
recovery of 475.200 liters of Foreign Liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and is innocent and he has
Patna High Court CR. MISC. No.24326 of 2026(2) dt.15-04-2026
3/4
falsely been implicated in the present case. It is further
submitted that the allegation as alleged in the FIR is forged and
fabricated and the petitioner has not committed any offence as
alleged in the FIR and it appears from the FIR and seizure list
that nothing has been recovered from the conscious possession
of the petitioner and recovery has been made from the vehicle in
question and altogether 475.200 liters of foreign liquor was
recovered from the vehicle in question. Learned counsel for the
petitioner further submits that petitioner is neither the owner nor
the driver of the vehicle in question. Apart from aforesaid it
appears from the seizure that there is non-compliance of
mandatory provisions of Sections 103 and 105 of BNSS, 2023
and seizure list witnesses are police personnel and petitioner is
in custody since 14.03.2026.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner.
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 Excise Court No.II, Siwan in connection with Siwan
Patna High Court CR. MISC. No.24326 of 2026(2) dt.15-04-2026
4/4
(Excise) P.S. Case No. 197 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
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)
Gaurav Sinha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.