Patna High Court
Hiralal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified bond and conditions.
Summary
Hiralal Yadav was arrested on 13 March 2026 in connection with a case involving the seizure of 813.5 litres of country-made liquor from a vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that the FIR was fabricated, he had no ownership of the vehicle, and the liquor was not in his conscious possession, also pointing out procedural lapses under Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting three other similar cases, though the petitioner was already on bail in those matters. The High Court, after considering the arguments, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail bonds be accepted without delay pending verification.
Issues considered
- Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged false and fabricated FIR and lack of possession of the seized liquor affect the grant of bail.
- Whether the existence of three other pending cases of similar nature justifies denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- false FIR
- Section 30(a)
- BNSS 2023
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26477 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- GOPALPUR District- West Champaran
======================================================
Hiralal Yadav S/O Late Vidyasagar Yadav R/O Gouripur, P.s.- Balthar, Dist.-
West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-04-2026 Heard Mr.Bimlesh Kumar Pandey, learned counsel
appearing for the petitioner and Mr.Dr. Kumar Uday Pratap,
learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
13.03.2026 in connection with Gopalpur P.S. Case No. 68 of
2026, F.I.R. dated 12.03.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act , 2016.
3. Recovery is of 813.5 litres of different brand of
liquor.
4. Learned senior counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the has not committed any offence as alleged in
the FIR. Further submits that from a bare perusal of the FIR it
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appears that nothing has been recovered from conscious
possession of the petitioner rather the recovery has bene made
from the vehicle in question and altogether 813.5 litres of
country made liquor was recovered from the vehicle in question
and it appears from the FIR itself that the petitioner is not the
owner of the vehicle in question and there is seizure list
witnesses are not the independent witnesses so there is non-
compliance of Sections 103 and 105 of BNSS,2023 and
petitioner is in custody since 13.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
three more cases other than the present one of similar nature but
fairly submits that the petitioner is on bail in all the cases, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 Court-1, Bettiah, West Champaran in connection with
Gopalpur P.S. Case No. 68 of 2026, with the following
conditions:-
(I) Petitioner 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/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
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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