Patna High Court
SANJAY YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with a bond of Rs 10,000 and two sureties, subject to the condition of not committing similar offences.
Summary
The petitioner, Sanjay Yadav, applied for bail in a case (Brahmpur P.S. Case No. 251 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition & Excise Act for allegedly transporting 36 litres of illicit liquor. The prosecution claimed the liquor was seized from a bike and that the accused fled, identifying them by police torchlight, while the petitioner asserted he neither owned nor drove the bike and that no liquor was found in his possession. He further contended that the seizure was not conducted in accordance with Section 105 of the BNSS, rendering the evidence defective, and highlighted that he had been in judicial custody since 4 April 2026. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the court granted bail on the condition that the petitioner not engage in similar offences, requiring a bail bond of Rs 10,000 with two sureties, to be filed with the Exclusive Special Excise Court No. 2, Buxar.
Issues considered
- Whether bail should be granted to the petitioner despite alleged violation of Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the alleged procedural irregularity in seizure under Section 105 of the BNSS warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- Bihar Prohibition & Excise Act
- illicit liquor
- seizure procedure
- Section 105 BNSS
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30165 of 2026
Arising Out of PS. Case No.-251 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Sanjay Yadav S/O Hari Shankar Yadav R/O Vill - Balua, P.S.- Brahmpur,
Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Brahmpur P.S. Case No. 251 of 2025 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
& Excise Act.
3. The case of the prosecution, in short, is that
altogether 36 liters of illicit liquor was recovered from a bike. It
is alleged that the accused persons managed to flee away
leaving the vehicle and they were identified in the light of the
police vehicle and torch.
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
Patna High Court CR. MISC. No.30165 of 2026(2) dt.07-05-2026
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case. He also submits that nothing has been recovered from the
possession of the petitioner. He is neither onwer nor driver of
the said bike. The witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of
the BNSS while making the seizure. Moreover, the petitioner is
languishing in judicial custody since 04.04.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of three cases.
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 condition
that the petitioner shall not indulge himself in similar nature
of 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 Excise Court
No. 2, Buxar in connection with Brahmpur P.S. Case No. 251 of
2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Patna High Court CR. MISC. No.30165 of 2026(2) dt.07-05-2026
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