Created by Fuzzy Cloud

Patna High Court

Saket 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 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

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
                                                         2/2




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.