Patna High Court
Dashrath Yadav @ Dasarth YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to specified conditions.
Summary
The petitioners, Dashrath Yadav and Sanjay Yadav, were arrested on 31 March 2026 in connection with a case involving the alleged possession of 60 litres of country-made liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. They claimed they had no conscious possession of the liquor, arguing that the seizure was from a vehicle and that they were falsely implicated, also contending non‑compliance with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The High Court considered the facts, the petitioners' clean antecedent, and the procedural issues, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail bond was to be accepted without delay for verification. The order was pronounced by Justice Rajesh Kumar Verma.
Issues considered
- Whether the petitioners are entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the seizure of liquor from the vehicle implicates the petitioners as being in conscious possession.
- Whether the procedural requirements of Sections 103 and 105 of the BNSS were complied with.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- seizure
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28760 of 2026
Arising Out of PS. Case No.-176 Year-2026 Thana- MANJHI District- Saran
======================================================
1. Dashrath Yadav @ Dasarth Yadav S/o Dhumraj Yadav @ Dharmaraj Yadav
R/o vill - Bhabhauli, P.S.- Manjhi, Distt.- Saran at Chapra
2. Sanjay Yadav S/o Ramnath Yadav R/o vill - Bhabhauli, P.S.- Manjhi, Distt.-
Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Chandra Mohan Jha, learned counsel for
the petitioners and Ms. Suman Kumari Singh, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
31.03.2026 in connection with Manjhi P.S. Case No. 176 of
2026, F.I.R. dated 30.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 60 liters of country made liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing have been
Patna High Court CR. MISC. No.28760 of 2026(2) dt.28-04-2026
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recovered from the conscious possession of the petitioners
rather the recovery have been made from vehicle in question
and the petitioners have no concern at all with the alleged
recovery of liquor or the vehicle in question. He further submits
that seizure list witnesses are police personnel and there is non-
compliance of Section 103 and 105 of BNSS and the petitioners
are in custody since 31.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
2nd Exclusive Special Excise Judge, Court Saran at Chapra in
connection with Manjhi P.S. Case No. 176 of 2026, subject to
the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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