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Patna High Court

Dinesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners with specified conditions.

Summary

Petitioners Dinesh Yadav and Yogendra Kushwaha, the driver and co‑driver of a truck, were arrested on 17‑02‑2026 in connection with the seizure of 561.6 litres of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the liquor was recovered from the vehicle, not from their conscious possession, and that they have clean antecedents, arguing that the charge sheet was filed despite procedural lapses under Sections 103 and 105 of the BNSS. The State opposed bail. The Court, noting the lack of direct possession, the petitioners’ clean record, and the procedural irregularities, granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was issued without delay for antecedent verification.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure and charge sheet complied with Sections 103 and 105 of the BNSS.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor seizure
  • driver and co‑driver liability
  • criminal antecedent
  • procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26401 of 2026
                        Arising Out of PS. Case No.-53 Year-2026 Thana- NAUTAN District- Siwan
                 ======================================================
           1.     Dinesh Yadav S/o Khedu Yadav R/o Village- Karjaniya, PS - Shri Rampur ,
                  Dist- Dewariya , Uttar Pradesh
           2.    Yogendra Kushwaha S/o Babulal Bhagat R/o village _Sawnaha, P.S_Bhore,
                 Dist._ Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-04-2026                  Heard         Mr. Ashok Kumar, learned counsel for the

                   petitioners and Mr. Sanjay Kumar Sharma, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioners seeks bail who is in custody since

                   17.02.2026 in connection with Nautan P.S. Case No. 53/2026,

                   F.I.R. dated 16.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. Recovery is of 561.600 liters of foreign liquor from

                   the truck.

                                4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.26401 of 2026(2) dt.20-04-2026
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          from the F.I.R. as well as seizure list that nothing has been

          recovered from the conscious possession of the petitioners

          rather the recovery has been made from vehicle in question and

          the petitioners have been made accused merely on the basis that

          the petitioner no. 1 is the driver and the petitioner no. 2 is the

          co-driver of the vehicle in question. The seizure list witnesses

          are police personnel and there is non-compliance of Sections

          103 and 105 of the BNSS. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioners. The petitioners are in custody since 17.02.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned Court of Exclusive Special Excise Court-2, Siwan in

          connection with Nautan P.S. Case No. 53/2026, subject to the

          following conditions:-

                        i. One of the bailors shall be a family member of the

           petitioners.

                        ii. Petitioners shall co-operate in the trial and shall be
             Patna High Court CR. MISC. No.26401 of 2026(2) dt.20-04-2026
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                        properly represented on each and every date fixed by the court

                        and shall remain physically present as directed by the court and

                        on his absence on two consecutive dates without sufficient

                        reason, his bail bonds shall be cancelled by the Court below.

                                     iii. If the petitioners tampers with the evidence or the

                        witnesses, in that case, the prosecution will be at liberty to

                        move for cancellation of bail.

                                    iv. And further condition that the court below shall

                       verify the criminal antecedent of the petitioners and in case at

                       any stage it is found that the petitioners have concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioners. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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