Patna High Court
Vinod Yadav @ Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and specified conditions.
Summary
Vinod Yadav was arrested on 3 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for alleged possession of 267.84 litres of illegal foreign liquor seized from a village field. The petitioner claimed he was falsely implicated, arguing that the liquor was not found in his conscious possession and that the only evidence was a local chowkidar’s statement. The prosecution opposed bail, highlighting ten prior criminal antecedents of a similar nature, though noting the petitioner was already on bail in other pending matters. The court examined the lack of direct material linking the petitioner to the seized liquor and considered the bail jurisprudence, ultimately granting bail on a bond of Rs.10,000 with two sureties and imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioner subject to these conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 considering the nature of the offence.
- Whether the absence of direct possession evidence and reliance on a chowkidar’s statement warrants continued custody.
- Whether the petitioner’s ten prior criminal antecedents affect his eligibility for bail.
Subjects
- bail
- prohibition act
- illegal liquor
- criminal antecedents
- excise
- seizure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27170 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- DAWATH District- Rohtas
======================================================
Vinod Yadav @ Vinod Kumar S/o Mahendra Singh R/o Chak Chatar, P.O. -
Koath, P.s. - Dawath, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Sabal Kumar Jha, learned counsel for
the petitioner and Ms. Sucheta Yadav, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.03.2026 in connection with Dawath P.S. Case No. 14 of
2026, F.I.R. dated 15.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 267.84 liters of illegal country made
foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.27170 of 2026(2) dt.22-04-2026
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been made from a field of village Chak Chatar and the petitioner
has been made accused on the basis of disclosure made by local
chowkidar and except the disclosure made by local chowkidar,
no other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence and the petitioner is in custody since 03.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries ten criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge Excise Court No.1, Rohtas, Sasaram in
connection with Dawath P.S. Case No. 14 of 2026, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.27170 of 2026(2) dt.22-04-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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