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Patna High Court

Bishal Yadav @ Vishal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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