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Patna High Court

Kanhiya YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
            Patna High Court CR. MISC. No.25064 of 2026(2) dt.16-04-2026
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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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