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Patna High Court

Amardeep Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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