Patna High Court
Amardeep Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Amardeep Kumar Yadav was arrested on 9 March 2026 in connection with an excise case involving the seizure of 866.520 litres of illicit liquor. He was charged under Sections 30(a) and 62 of the Bihar Prohibition and Excise Act. The petitioner pleaded for bail, asserting a clean criminal record and arguing that the seizure was made from a vehicle, not from his conscious possession, and that the police failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed the bail application. The court, noting the petitioner’s clean antecedent and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in an excise case involving large seizure of illicit liquor
- Whether non‑compliance with Sections 103 and 105 of BNSS, 2023 justifies bail
- Whether the absence of conscious possession and a clean antecedent affect the bail decision
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS 2023
- clean antecedent
- procedural non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26440 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Amardeep Kumar Yadav S/o Shubhaklal Yadav R/o Village - Bairal, Ward
No. 14, PS - Babu Barhi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Advocate
For the Opposite Party/s : Ms.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 20-04-2026 Heard Mr.Ratnakar Jha, learned counsel for the
petitioner and Ms.Sangeeta Sharma, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
09.03.2026 in connection with Sadar Excise P.S. Case No. 107
of 2026, F.I.R. dated 08.03.2026 registered for the offence
punishable under Sections 30(a), 62 of Bihar Prohibition and
Excise Act.
3. Recovery is of 866.520 liters of illicit liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR as well as the seizure list that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made from the vehicle in question and
Patna High Court CR. MISC. No.26440 of 2026(2) dt.20-04-2026
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seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 09.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and there is non-compliance of Sections 103 and 105
of BNSS, 2023, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise, Madhubani in
connection with Sadar Excise P.S. Case No. 107 of 2026,with
the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
Patna High Court CR. MISC. No.26440 of 2026(2) dt.20-04-2026
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verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Nitesh/-
U T
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