Created by Fuzzy Cloud

Patna High Court

SANJAY YADAVversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/3




                     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
                                            3/3


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.