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Patna High Court

Yashwant KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                         2/2




                       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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