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Patna High Court

Ashok Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond, sureties and specified conditions.

Summary

Ashok Kumar Yadav was arrested on 21‑12‑2025 in connection with a case involving the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for possession of 43.200 litres of country‑made foreign liquor seized from a motorcycle that he does not own. The petitioner contended that he was falsely implicated, that the seizure was not from his conscious possession and that the police had failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act. The prosecution opposed bail, citing the petitioner’s apprehension at the scene and three prior criminal antecedents, though noting he was already on bail in other matters. The Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Exclusive Excise Special Judge, Buxar.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the Bihar Narcotic Substances Act affects the grant of bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure
  • procedural lapse
  • criminal antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27880 of 2026
                        Arising Out of PS. Case No.-86 Year-2025 Thana- NANIJOR District- Buxar
                 ======================================================
                 Ashok Kumar Yadav Son of Mahavir Yadav Resident of Village - Mahuar
                 English, P.S.- Karnamepur, District - Bhojpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mohit Shriwastava, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-04-2026                        Heard Mr. Mohit Shriwastava, learned counsel

                   for the petitioner and Mr. Arun Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.12.2025 in connection with Nanijor P.S. Case No. 86 of

                   2025, F.I.R. dated 20.02.2025 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

                               3. Recovery is of 43.200 liters of 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.27880 of 2026(2) dt.27-04-2026
                                            2/3




          been made from motorcycle in question and the petitioner is not

          the owner of the motorcycle in question. He further submits that

          seizure list witnesses are police personnel and there is non-

          compliance of Section 103 and 105 of BNSS. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner. The petitioner is in custody since

          21.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner was apprehended at the place of

          occurrence and apart from that petitioner carries three criminal

          antecedents other than the present one 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

          Excise Special Judge, Court No.2, Buxar in connection with

          Nanijor P.S. Case No. 86 of 2025, subject to the following

          conditions:-

                        i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.27880 of 2026(2) dt.27-04-2026
                                                        3/3




                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       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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