Patna High Court
Bachcha YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner on condition of a bond and sureties.
Summary
The petitioner, Bachcha Yadav, was arrested in connection with the recovery of 150 litres of country-made liquor from the banks of the Ghaghra river and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, was merely inspecting his field, and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. The State opposed his bail application, arguing the seriousness of the offence. The Court examined the lack of any material recovered from the petitioner, his clean record, and the procedural lapse by the police. It consequently ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Excise Judge.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when the police have not complied with Section 105 of the B.N.S.S. during seizure
- Whether the absence of possession and the petitioner’s clean antecedents justify bail
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26802 of 2026
Arising Out of PS. Case No.-151 Year-2026 Thana- MANJHI District- Saran
======================================================
Bachcha Yadav, Son of Late Sudama Yadav, Resident of Village - Dhorhat
(Ghorhat), Majhwaliya, Police Station - Manjhi, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mani Shankar Mishra, Advocate
For the Opposite Party/s : Ms.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from
the banks of Ghaghra river, altogether 150 liters of country
made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. He is a
farmer and has gone there to see his field where police arrested
him. The alleged recovery was made the banks of the river
Patna High Court CR. MISC. No.26802 of 2026(2) dt.22-04-2026
2/2
which is an open place. The seizure list witnesses are police
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. Petitioner is having no criminal
antecedent and he is languishing in judicial custody since
18.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned 2 nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Manjhi P.S. Case No. 151 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…