Patna High Court
Dinesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic and Smuggling Act — s. 103, 105
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
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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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