Patna High Court
Devnath YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Devnath Yadav, was arrested in connection with the recovery of 360 litres of illicit liquor and charged under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, a clean criminal record, and offering to donate Rs. 25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with the Ramakrishna Mission Ashram, and attend the police station on the first and third Sundays of each month, with verification of his antecedent. The order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds will be cancelled if the petitioner defaults on any condition.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the conditions imposed by the court are appropriate and sufficient for the grant of bail
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- criminal procedure
- surety
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24981 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- LAUKAHA District- Madhubani
======================================================
Devnath Yadav Son of Kameshswar Yadav R/o Village - Jatahi, P.S. -
Khutauna, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Archna Aanand
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Laukaha P.S. Case No. 30 of 2026 registered for the offence
under Section, 274, 275 of the BNS and under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The recovery is of 360 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 13.02.2026. He
further submits that the petitioner has no criminal antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.24981 of 2026(2) dt.20-04-2026
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prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Laukaha P.S. Case No. 30 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Khutauna Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
the petitioner is directed to verify the antecedent of the
Patna High Court CR. MISC. No.24981 of 2026(2) dt.20-04-2026
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petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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