Patna High Court
Subhash Kumar Yadav @ Kirkiriya @ Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Subhash Kumar Yadav, was arrested in connection with the alleged recovery of 324 litres of liquor from an open field behind Pawan's house, under Section 30(a) of the Bihar Excise Act. He contended that he was not caught at the spot, had no possession of the liquor, and was implicated by a hostile chowkidar, with no prior knowledge of his involvement. The petitioner also highlighted his two prior excise cases and argued that he would not abscond if released on bail. The State opposed the bail application. The court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, pending trial in the Fulkaha P.S. case No. 107 of 2025.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act considering the alleged facts and his antecedent record.
Subjects
- bail
- excise
- liquor
- Bihar Excise Act
- Section 30(a)
- criminal procedure
- FIR
- antecedent record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25676 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- FULKAHA District- Araria
======================================================
Subhash Kumar Yadav @ Kirkiriya @ Subhash Kumar S/o Ganga Prasad
Yadav R/o vill - Laxmipur, ward no. 13, P.S.- Fulkaha, Dist.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar
For the Opposite Party/s : Ms. Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 324 liters of liquor from an open
field situated behind the house of Pawan.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and he has no concern or relation with Pawan and he came to be
Patna High Court CR. MISC. No.25676 of 2026(2) dt.18-04-2026
2/2
implicated at the instance of Chowkidar with whom he is on an
inimical term. And he came to be implicated at the instance of
Chowkidar, but then it is submitted that if Chowkidar was aware
of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instant
FIR which casts an aspersion on the case of the prosecution. It is
also submitted that petitioner is in custody since 21.02.2026 and
if privilege of bail is granted, the petitioner will not abscond
rather will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Fulkaha
P.S. Case No. 107 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…