Patna High Court

Abhishek yadavversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to bond and conditions.

Summary

The petitioner, Abhishek Yadav, was arrested in connection with a case under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act after 155.42 litres of country‑made liquor were recovered from a motorcycle. He contended that he was merely a passer‑by, not the owner of the vehicle, and that no incriminating material was found in his conscious possession. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to his two prior criminal antecedents. The State opposed the bail application, arguing the seriousness of the offence. After considering the facts, the court decided to grant bail, imposing a bond of Rs.15,000 with two sureties and specific conditions regarding family surety and appearance in court. The bail order was conditioned on cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
illegal liquor
criminal procedure
Section 103
prior antecedents
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2689 of 2026
                   Arising Out of PS. Case No.-578 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Abhishek yadav Son of Balistar yadav Resident Of Village- Machhargawan
                 Ps -Bairiya District- West Champaran
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raki Alam, Advocate
                 For the Opposite Party/s :       Mr.Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Nautan

                   P.S. Case No. 578 of 2025, instituted for the offences punishable

                   under Sections 30(a) and 41(i) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 155.42

                   liters of country made liquor was recovered from motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is

                   not the owner of the vehicle rather he was passersby of the way
           Patna High Court CR. MISC. No.2689 of 2026(2) dt.19-01-2026
                                                       2/2




                     and has become victim of circumstances. The petitioner is in

                     custody since 03.12.2025 and has got two criminal antecedents.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Nautan P.S. Case

                     No. 578 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

Continue reading with your account

Checking your session…