Patna High Court
Ranjan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Ranjan Yadav, was arrested on 3 March 2026 in connection with a raid that uncovered 264.375 litres of illicit liquor in a litchi orchard belonging to Sachita Sharma. The police alleged that Yadav, identified by a local chowkidar, had unloaded the liquor from a white four‑wheeler and was part of a larger illegal liquor operation. Yadav’s counsel argued that no liquor was found in his possession, that the identification was tenuous, and that he was falsely implicated, while the prosecution highlighted Yadav’s six prior criminal cases. The court examined the material facts, the lack of direct evidence linking Yadav to the seized liquor, and the relevance of his antecedents to bail considerations. It concluded that bail could be granted, subject to a bond of Rs.10,000 with two sureties and strict conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act given the circumstances of the seizure and identification.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether identification by a local chowkidar without seizure from the accused’s possession is sufficient to sustain continued detention.
Subjects
- bail
- illegal liquor
- excise law
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- criminal antecedent
- seizure
- identification
- local chowkidar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24374 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- BIHPUR District- Bhagalpur
======================================================
Ranjan Yadav S/O Upendra Yadav R/O Village- Lattipur, P.S.- Bihpur, Dist.-
Bhagalpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh
For the Opposite Party/s : Mr. Arun 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
03.03.2026 in connection with Bihpur P.S. Case No. 40 of 2026
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act.
3. The prosecution story, in brief, is that on 2/3/2026
at about 21.20 hours the informant alognwith Police party was
in patrolling duty and also conducting raid against warrantee
and illegal liquor Trader. It is next alleged that when the
informant reached near Verma Set Chowk he got secret
information that one Ranjan Yadav who is illegal liquor trader
unloaded liquor from pickup van in the Litchi orchard of Sachita
Sharma situated in Amarpur Bahiyar. It is next alleged that
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when the informant his superior V officer and reach near the
ordered. Or seeing the police party a white colour four wheeler
registration No. BR10AS 4547 and 6/7 unknown person fleeing
away, Local Chowkidar has disclosed the name of one person as
Ranjan Yadav. It is next alleged that on search of the Litchi
orchard Police seized 264.375 litres country made foreign liquor
of different branch which was seized and seizure list was
prepared.It is next alleged that thereafter white colour four
wheeler bearing no. BR 10AS 4547 was over power by the
police as apprehended the driver who disclosed his name as
Sourav Kumar and on search one Vivo Mobile Phone was
seized and seizure list was prepared.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioner and
altogether 264.375 liters of country made liquor was recovered
from the orchid of one Sachita Sharma and name of the
petitioner has transpired on the disclosure made by the local
chowkidar and except the aforesaid, nothing has come during
the course of investigation to suggest the involvement of
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petitioner in the present occurrence and Chowkidar has stated
that six to seven persons have fled from the place of occurrence.
It is next submitted that petitioner is in custody since
03.03.2026.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of six cases other than the
present case but fairly submits that petitioner is on bail in the
pending matters.
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 Additional
Sessions Judge, Exclusive Special Judge Excise-01 Bhagalpur,
District-Bhagalpur in connection with Bihpur P.S. Case No. 40
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)
Gaurav Sinha/-
U T
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