Patna High Court
Arvind Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to a bond of Rs 10,000 and specified conditions.
Summary
Arvind Kumar Yadav and Santosh Kumar were arrested on 23 February 2026 in connection with a case involving the alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018, for the seizure of 150 litres of country‑made liquor from a motorcycle. The petitioners contended that the liquor was not in their conscious possession, that they were falsely implicated, and that the police had not complied with Sections 103 and 105 of the Bihar Narcotic Substances Act. They sought bail, asserting a clean antecedent, while the State opposed the relief. The High Court, after considering the facts and the petitioners' arguments, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure of liquor from a motorcycle constitutes conscious possession of the accused.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act affects the grant of bail.
- Whether the petitioners' clean antecedent and claim of false implication justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
Subjects
- bail
- prohibition and excise
- possession
- seizure
- false implication
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29747 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- DHIBRA District- Aurangabad
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1. Arvind Kumar Yadav S/O Suresh Yadav R/O Vill.- Banua Tola Pakkapar,
P.S.- Dhibra, Dist.- Aurangabad
2. Santosh Kumar S/O Pravesh Rikiyasan R/O Vill.- Banua Tola Pakkapar,
P.S.- Dhibra, Dist.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Ms. Mukul Kumari, learned counsel for the
petitioners and Mr. Madan Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
23.02.2026 in connection with Dhibra P.S. Case No. 11 of 2026,
F.I.R. dated 22.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 150 liters of country made liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have 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 has been
Patna High Court CR. MISC. No.29747 of 2026(2) dt.05-05-2026
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recovered from the conscious possession of the petitioners
rather the recovery has been made from motorcycle 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 23.02.2026.
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
Special Judge, Excise-II, Aurangabad in connection with Dhibra
P.S. Case No. 11 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
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
Patna High Court CR. MISC. No.29747 of 2026(2) dt.05-05-2026
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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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