Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with conditions, finding no sufficient ground to deny liberty.
Summary
The petitioner, Sanjay Yadav, was arrested in connection with the alleged seizure of 50.220 litres of illicit foreign liquor from his motorcycle, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he owned no liquor, that the police failed to follow Section 105 of the BNSS while making the seizure, and that he was falsely implicated as the bike's owner. The State opposed bail, highlighting three prior criminal cases, two of which involved similar offences. After hearing both sides, the Court considered the lack of direct possession, procedural lapses, and the petitioner’s right to liberty, and decided to grant bail subject to conditions of cooperation, personal appearance, and a prohibition on future similar conduct. The bail was ordered on a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged seizure of illicit liquor.
- Whether the police complied with Section 105 of the BNSS in effecting the seizure, affecting the validity of the charge.
- Whether the petitioner’s prior criminal record warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure procedure
- prior criminal record
- Section 30(a)
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29307 of 2026
Arising Out of PS. Case No.-654 Year-2022 Thana- BRAHMPUR District- Buxar
======================================================
Sanjay Yadav son of Harishankar Yadav Resident of Village- Balua PS-
Brahampur Distt -Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Mishra, Advocate.
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail 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
bike, altogether 50.220 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
Patna High Court CR. MISC. No.29307 of 2026(3) dt.22-06-2026
2/2
105 of the BNSS while making the seizure. He further submits
that the petitioner has been framed in the present case as he is
the owner of the said bike. Moreover, the petitioner is
languishing in judicial custody since 31.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases out of which two are of similar nature.
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 with the conditions
that the petitioner shall cooperate in trial, shall remain
physically present on each and every date fixed by the learned
court below and shall not indulge himself in similar nature of
the offences in future. The above named petitioner is directed
to be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rs. ten thousand only) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Judge,
Excise-II, Buxar in connection with Brahampur P.S. Case No.
654 of 2022.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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