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Patna High Court

Bittu YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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