Patna High Court
Kanhiya YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioner, Kanhiya Yadav, was arrested on 11 March 2026 in connection with the recovery of 10 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, offering to donate Rs. 15,000 to a charitable organization without admitting guilt. The State opposed the bail application. The Court considered the nature of the offence, the period of custody, and the petitioner’s undertaking, and found no reason to deny bail. Accordingly, the Court granted bail on the condition that the petitioner deposit Rs. 15,000 with the Ramakrishna Mission Vidyapith and attend the police station every Sunday of each month, with a bail bond of Rs. 10,000 and two sureties. The order was made clear to be prima facie and not affect the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the Court, including a monetary donation and periodic police attendance, are appropriate for granting bail.
Subjects
- bail
- regular bail
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
- conditions of bail
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25064 of 2026
Arising Out of PS. Case No.-150 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Kanhiya Yadav S/o- Damodar Yadav Resident of Village- Khemtarni, Ward
No. 10 P.S- Suryagrdha, District- Lakhisari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Lakhisarai Excise P.S. Case No.
150 of 2026, registered for offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 10 liters of illicit liquor
have been recovered. The petitioner is in custody since
11.03.2026.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 15,000/- (Rupees
Fifteen Thousand only) to a charitable organization, without
prejudice to his defence and without admitting guilt.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.25064 of 2026(2) dt.16-04-2026
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for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Lakhisarai Excise
P.S. Case No. 150 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 15,000/- (Rupees Fifteen Thousand only) with
Ramakrishna Mission Vidyapith, Ramakrishna
Nagar, P.O. Vidyapith Deoghar, Jharkhand and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Suryagrdha Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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