Patna High Court
Saket Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.
Summary
The petitioners, three brothers from Daini Tola, were charged under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act for allegedly being involved in the seizure of 240 litres of illicit foreign liquor. They contended that they had no involvement, no possession of the liquor, and were falsely implicated, having been in judicial custody since 1 March 2026. The State opposed their bail application. After hearing both sides, the Patna High Court considered the facts and circumstances and decided to grant regular bail to each petitioner. The court ordered each to furnish a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, Excise Act‑II, Darbhanga. The bail order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether regular bail should be granted to the accused under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(d)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28941 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- MANIGACHI District- Darbhanga
======================================================
1. Saket Kumar Yadav Son of Ganga Ram Yadav Resident of Village - Daini
Tola, Police Station - Manigachhi, District - Darbhanga.
2. Amit Kumar Yadav Son of Ganga Ram Yadav Resident of Village - Daini
Tola, Police Station - Manigachhi, District - Darbhanga.
3. Sumit Kumar Yadav Son of Ganga Ram Yadav Resident of Village - Daini
Tola, Police Station - Manigachhi, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kanchan Jha, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, 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 30(d) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from different
places, altogether 240 liters of illicit foreign liquor was recovered.
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. They have no concern with the alleged liquor. Nothing has
been recovered from their possession. They are having no criminal
Patna High Court CR. MISC. No.28941 of 2026(2) dt.05-05-2026
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antecedent and they are languishing in judicial custody since
01.03.2026.
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
Special Judge, Excise Act-II, Darbhanga in connection with
Manigachi P.S. Case No. 44 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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