Patna High Court
Suresh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, holding that the circumstances did not warrant continued detention.
Summary
The petitioner, Suresh Yadav, was arrested as the driver of an auto in which 108 litres of illicit Nepali liquor was recovered, alleged under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he had no knowledge of the liquor and that nothing incriminating was found in his personal possession. The State opposed bail, arguing the recovery implicated him. The court considered the facts, the petitioner’s custody since 15 March 2026, and his existing bail in two other cases. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions under Section 480(3) of the B.N.S.S. and additional attendance requirements. The petitioner was ordered to be released subject to these conditions.
Issues considered
- Whether the driver of a vehicle in which illicit liquor is found can be granted bail under the Bihar Prohibition and Excise Act
- Whether the petitioner’s lack of knowledge and absence of personal possession of the liquor justify bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(1), 32(3)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- excise
- illegal liquor
- driver liability
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30449 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Suresh Yadav S/o Late Ram Gulam Yadav R/o Village- Andhrathari, Ward No
03, PS- Andhrathari, Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Excise P.S. Jhanjharpur Case No. 55 of 2026
registered for the alleged offences under Sections 30(a), 32(1),
32(3) of Bihar Prohibition and Excise Act.
03. As per prosecution case, recovery of 108 litres of
country made Nepali liquor was made from an Auto being
driven by the petitioner.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
conscious possession of the petitioner, who has no concern with
Patna High Court CR. MISC. No.30449 of 2026(2) dt.11-05-2026
2/3
the said liquor. The petitioner is only the driver of the Auto and
he has no knowledge about the illicit liquor kept in the vehicle.
The petitioner is having antecedent of two cases and he is on
bail in both the cases. The petitioner is in custody since
15.03.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise, Madhubani/concerned Court in connection with Excise
Jhanjharpur P.S. Case No. 55 of 2026, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
Patna High Court CR. MISC. No.30449 of 2026(2) dt.11-05-2026
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(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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