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Patna High Court

Prakash Kumar Yadav @ Prakash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Petitioner Prakash Kumar Yadav was arrested in connection with the seizure of 138.6 liters of foreign and country-made liquor from a motorcycle, alleged to be offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that he was merely a passerby, not the owner of the vehicle, and that no incriminating material was found in his possession; he also pointed out the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offences. The Court examined the facts, the petitioner’s single prior criminal antecedent, and the statutory requirements, and decided to grant bail. Accordingly, the petitioner was released on a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act considering the facts of the case
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • Section 30(a) Bihar Prohibition and Excise Act
  • Section 47 Bihar Prohibition and Excise Act
  • Section 103 Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2796 of 2026
                   Arising Out of PS. Case No.-160 Year-2025 Thana- Raghunathpur Excise District- Siwan
                 ======================================================
                 Prakash Kumar Yadav @ Prakash Yadav S/o Bishram Yadav Resident of
                 Village - Bangra, P.S - Raghunathpur, District - Siwan
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Kumari Anupam, Advocate
                 For the Opposite Party/s :        Mr.Mritunjay Kumar Nirala, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Raghunathpur Excise P.S. Case No. 160 of 2025, instituted for

                   the offences punishable under Sections 30(a) and 47 of the

                   Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 138.600

                   liters of foreign liquor and country made liquor was recovered

                   from motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is
           Patna High Court CR. MISC. No.2796 of 2026(2) dt.19-01-2026
                                                       2/2




                     not the owner of the vehicle rather he was passersby of the way

                     and has become victim of circumstances. The petitioner is in

                     custody since 23.11.2025 and has got one criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Raghunathpur Excise

                     P.S. Case No. 160 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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