Patna High Court
Prakash Kumar Yadav @ Prakash YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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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