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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Indian Penal Code — s. 274, 275, 3(5)
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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