Patna High Court
Bittu YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Bittu Yadav, sought regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 192 litres of illicit country-made liquor were seized from a Maruti Suzuki vehicle. The prosecution alleged that Yadav fled the scene when police arrived, while the petitioner claimed he was falsely implicated, that no liquor was recovered from his possession, and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. He has no prior criminal record and has been in judicial custody since 26‑02‑2026. The State opposed the bail, but the court, after considering the facts and procedural lapses, decided to grant bail. Yadav was released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court, Bhojpur.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. by the police affects the bail decision.
- Whether the evidence on record justifies denial of bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- procedural compliance
- police seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26864 of 2026
Arising Out of PS. Case No.-300 Year-2024 Thana- ARA NAWADA District- Bhojpur
======================================================
Bittu Yadav S/o Sanjay Yadav Resident of Nehru Nagar, Ara, P.S.- Ara town,
Distt- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Makardhwaj Upadhyay, Advocate
For the Opposite Party/s : Mr.Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 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 a
Maruti Suzuki vehicle, altogether 192 liters of illicit country
made liquor was recovered. It is alleged that the petitioner along
with other has fled away from the car seeing the police.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Leaned counsel for the
petitioner has submitted that name of this petitioner has been
disclosed by one Vikash Kumar. Nothing has been recovered
Patna High Court CR. MISC. No.26864 of 2026(2) dt.23-04-2026
2/2
from his possession. It has further been submitted that the
witnesses of the seizure list 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 26.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular 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 released on bail in connection with
Ara Nawada P.S. Case No. 300 of 2024 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
Excise Court 1st , Bhojpur at Ara.
(Ashok Kumar Pandey, J)
lata/-
U T
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