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Patna High Court

Ranjan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.24374 of 2026(2) dt.15-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.24374 of 2026(2) dt.15-04-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.24374 of 2026(2) dt.15-04-2026
                                                       4/4




                     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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