Patna High Court
Tarzan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified surety, monetary deposit, and attendance conditions.
Summary
The petitioner, Tarzan Yadav, was arrested in connection with the recovery of 378 litres of illicit liquor under Section 30(a) of the Bihari Prohibition and Excise Amendment Act. He applied for bail, claiming innocence, a clean antecedent, and offering to donate Rs. 25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the submissions, ordered the release of the petitioner on bail upon furnishing a Rs.10,000 bond with two sureties of the same amount, a deposit of Rs.25,000 to the Ramakrishna Mission Vidyapith, and regular attendance at the police station. The Court also directed verification of the petitioner’s antecedent before accepting the bail bonds and clarified that the order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the accused in a case of alleged illicit liquor possession under Section 30(a) of the Bihari Prohibition and Excise Amendment Act.
- Whether the petitioner’s claim of a clean antecedent and willingness to make a charitable donation justify bail.
- What conditions, if any, should be imposed on the grant of bail in such offences.
Subjects
- bail
- illicit liquor
- prohibition act
- criminal procedure
- surety
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26940 of 2026
Arising Out of PS. Case No.-189 Year-2021 Thana- MAHESHKHUNT District- Khagaria
======================================================
Tarzan Yadav Son of Kapildev Yadav Resident of village - Bishunpur Jichho,
P.S.- Lodipur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjan Kumar Jha
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Maheshkhunt P.S. Case No. 189 of 2021 registered for the
offence under Sections 30(a) of the Bihari Prohibition and
Excise Amendment Act.
3. The recovery is of 378 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 02.02.2026. The
petitioner claims to have clean antecedent.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.26940 of 2026(2) dt.22-04-2026
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prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Maheshkhunt P.S. Case No. 189
of 2021.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O.
Vidyapith Deoghar, Jharkhand 814 112 and produce the receipt
of the same before the Court below. The bail bonds of the
petitioner shall be accepted after verifying the genuineness of
the receipt produced by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Lodipur Police Station on first and third Sunday of each month.
Any default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. As the petitioner claims to have clean
antecedent, the Court below, before accepting the bail bonds of
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the petitioner is directed to verify the antecedent of the
petitioner. If the petitioner is found to be involved in any other
case then the bail bonds of the petitioner shall not be accepted.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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