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Patna High Court

Vikash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail is granted as the contraband was not recovered from the accused's conscious possession.

Summary

Vikash Yadav was arrested in connection with the alleged recovery of 486 litres of Nepali wine from a bamboo grove, under Sections 274, 275, 3(5) of the IPC and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that no incriminating article was found in his conscious possession and that he had been in custody since 16 March 2026. The State opposed bail. The Court observed that the absence of the contraband from the accused’s possession weighed in favor of granting bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise, Jhanjharpur. The observations were expressly limited to the bail application and not to the merits of the case.

Issues considered

  • Whether bail should be granted to the accused under Sections 274, 275, 3(5) IPC and Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2022 when no contraband was recovered from his conscious possession

Legislation cited

Subjects

  • bail
  • possession
  • prohibition law
  • excise
  • criminal procedure
  • contraband

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27981 of 2026
                 Arising out of P.S. Case No.-43 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
                 ======================================================
                 Vikash Yadav, S/o Rajdev Yadav, R/o Village - Tilai, P.S - Andhrathadi,
                 District - Madhubani, Bihar.                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   13-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioners seek bail in Bhairavsthan P.S. Case

                   No. 43 of 2026 registered under Sections 274, 275 and 3(5)

                   BNS and Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                               3.    The allegation is that 486 litres Saurabh Saufi

                   Nepali wine from the bamboo grove was recovered and the

                   petitioner was apprehended on chase from there by the police

                   force.

                               4. Learned counsel for the petitioner submits that no

                   incriminating article was recovered from the conscious

                   possession of the petitioner and the petitioner is in custody since

                   16.03.2026.

                               5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail of the petitioner.
                       Patna High Court CR. MISC. No.27981 of 2026(3) dt.13-05-2026
                                          2/2




                     6. Considering that recovery has not been made from

           the conscious possession of the petitioner and the petitioner is in

           custody since 16.03.2026, this Court is inclined to grant bail to

           the petitioners.

                     7.       Let   the    petitioner,       above       named,        be

           released on bail on furnishing bail bonds of Rs.

           10,000/- (Ten thousand) each with two sureties of the

           like amount each to the satisfaction of the learned

           Exclusive          Special      Judge,        Excise,        Jhanjharpur,

           Madhubani in connection with Bhairavsthan P.S. Case

           No. 43 of 2026.

                     8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of            the     present        bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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