Patna High Court
Sukesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Sukesh Yadav, was arrested in connection with the seizure of approximately 510 litres of illicit liquor and charged under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act (Amendment). He applied for bail, claiming innocence and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with the Ramakrishna Mission Ashram, and attend the police station every Sunday, with bail liable to cancellation if he is involved in any future Excise/NDPS case. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case of alleged illicit liquor under the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the court are appropriate and lawful for the grant of bail.
Subjects
- bail
- illicit liquor
- prohibition law
- excise
- criminal procedure
- Bihar Prohibition and Excise Act
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27463 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- KESARIA District- East Champaran
======================================================
Sukesh Yadav Son of Chintaman Yadav Resident of Village- Kadhan Ward
No. 10, P.S.- Kesariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kesariya P.S. Case No. 111 of 2026 registered for the offence
under Sections 30(a), 32, 41(1) of the Bihar Prohibition and
Excise Act(Amendment).
3. The recovery is of approx 510 liters of illicit
liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 09.03.2026.
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.27463 of 2026(2) dt.28-04-2026
2/3
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 Kesariya P.S. Case No. 111 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur a nd 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
Kesariya Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. It is made clear that if the petitioner, in future,
is found to be involved in any other case registered under the
provisions of Excise/NDPS Act then his bail bonds shall
Patna High Court CR. MISC. No.27463 of 2026(2) dt.28-04-2026
3/3
automatically be cancelled.
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
Checking your session…