Patna High Court
Ashok Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 103, 105
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
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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
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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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