Patna High Court
Krishna YadavversusThe state of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Krishna Yadav was arrested in connection with the recovery of 204.9 litres of illicit Nepali liquor seized from co‑accused Mohan Pandey and Guddu Yadav. The prosecution alleged that Yadav was involved in offences under Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that no liquor was found in his possession, that he was falsely implicated, and that a co‑accused had already been granted bail in a similar case. The State opposed bail, citing a prior similar offence in Yadav’s criminal record. After hearing both sides, the Court held that the petitioner was entitled to regular bail, directing him to furnish a bail bond of Rs 10,000 with two sureties, and ordered his release.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
- Whether the recovery of liquor from co‑accused suffices to sustain the charge against the petitioner.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- excise law
- criminal antecedent
- regular bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25832 of 2026
Arising Out of PS. Case No.-187 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Krishna Yadav, S/O Indal yadav, Resident of Village - Umgaon, P.s- Harlakhi,
District- Madhubani
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah, Advocate
Mr. Sumit Kumar Singh, Advocate
Ms. Archna Anand, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 274, 275
and 3(5) of the B.N.S. and Section 30(a) of Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from
the possession of Mohan Pandey and Guddu Yadav, altogether
204.9 liters of illicit Nepali country made liquor was recovered
and they have disclosed the name of this petitioner.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.25832 of 2026(2) dt.18-04-2026
2/2
case. Nothing has been recovered from his possession rather the
recovery is from the co-accused persons. It has further been
submitted that co-accused Mohan Pandey has been granted bail
by learned Co-ordinate Bench of this Court vide Cr. Misc. No.
64598 of 2025. The case of this petitioner stands on better
footing. Moreover, he is languishing in judicial custody since
09.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of one case of
similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise, Madhubani in connection with
Harlakhi P.S. Case No. 187 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…