Patna High Court
Yashwant KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Yashwant Kumar, was arrested in connection with the seizure of 336.375 litres of illicit foreign liquor from a pick‑up vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the liquor, no possession, and had no prior criminal record, having been in judicial custody since 24‑01‑2026. The State opposed his regular bail, arguing the seriousness of the offence. The court noted the petitioner’s claim of innocence, lack of personal involvement, and alleged non‑compliance with Section 105 of the B.N.S.S. during seizure. Considering these factors, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Excise Court‑I, Jamui.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether procedural lapses, such as non‑compliance with Section 105 of the B.N.S.S., affect the bail decision.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- procedural lapse
- driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28225 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Gidhaur District- Jamui
======================================================
Yashwant Kumar, S/o Lalo Ray, R/o vill - Chakiya, P.S.- Chakiya, Distt.-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rudra Pratap Singh, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from a
Pick-up, altogether 336.375 liters of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. He is merely a driver of the
said vehicle. He was unaware of the alleged liquor in the
vehicle. Nothing has been recovered from his possession. It has
further been submitted that the witnesses of the seizure list are
Patna High Court CR. MISC. No.28225 of 2026(2) dt.04-05-2026
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police personnel. Police has not complied Section 105 of the
B.N.S.S. while making the seizure. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 24.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Gidhaur P.S. Case No. 13 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Excise Court-I,
Jamui.
(Ashok Kumar Pandey, J)
lata/-
U T
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