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Patna High Court

Pravin Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 with two sureties each.

Summary

Petitioners Pravin Kumar Yadav and Amresh Kumar Yadav were arrested in connection with the alleged seizure of 565.5 liters of illicit Nepali liquor from two vehicles, alleged offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioners contended that they were innocent, had no possession of the liquor, and that the police had failed to comply with Section 105 of the B.N.S.S. during the seizure. They had been in judicial custody since 24 March 2026. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioners' claim of procedural irregularity and lack of direct involvement, and ordered that they be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties each. The order was directed to be complied with by the Exclusive Special Judge, Excise Act, Madhubani.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act in view of alleged procedural lapses and claim of innocence.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 41
  • procedural lapse
  • illegal liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28905 of 2026
                   Arising Out of PS. Case No.-152 Year-2026 Thana- BABUBARHI District- Madhubani
                 ======================================================
           1.     Pravin Kumar Yadav S/O Suryanarayan Yadav Resident of Village-
                  Pachahar, P.S.- Jaynagar, Dist.- Madhubani
           2.    Amresh Kumar S/O Prasad Binod Yadav @ Vinod Prasad Yadav Resident of
                 Village- Pachahar, P.S.- Jaynagar, Dist.- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bhavesh Kumar Sah, Advocate
                                                 Mr. Sumit Kumar Singh, Advocate
                                                 Ms. Archna Aanand, Advocate
                 For the Opposite Party/s :      Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under Sections 30(a)

                   and 41 of the Bihar Prohibition and Excise Act.

                                 3. The case of the prosecution is that altogether 565.5

                   liters of illicit Nepali liquor was recovered from the two vehicles.

                                 4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this

                   case. Nothing has been recovered from their possession. It has

                   further been submitted that the witnesses of the seizure list are
             Patna High Court CR. MISC. No.28905 of 2026(2) dt.05-05-2026
                                                         2/2




                       police personnel. Police has not complied Section 105 of the

                       B.N.S.S. while making the seizure. It has further been submitted

                       that they are not concerned in any way with the alleged liquor

                       and vehicles. They are only the passerby. They are having no

                       criminal antecedent and they are in judicial custody since

                       24.03.2026.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for 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 petitioners on bail. The above named

                       petitioners are directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                       sureties of the like amount each to the satisfaction of the learned

                       Exclusive Special Judge, Excise Act, Madhubani in connection

                       with Babubarhi P.S. Case No. 152 of 2026.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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