Patna High Court
Verma Kumar Yadav @ Barma Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Verma Kumar Yadav and Ritesh Kumar Yadav, were arrested in connection with Excise Siwan (Sadar) P.S. Case No. 170 of 2026 for alleged offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. They contended that they were innocent, had no ownership or control over the seized liquor or the vehicle, and were merely present near the check‑post when police seized the contraband. Their counsel argued that no material evidence linked them to the offence and that the seizure was made only in the presence of police without independent witnesses. The State opposed the bail application. Considering the lack of incriminating material, the petitioners' clean antecedents, and the length of custody, the Court granted regular bail, directing each petitioner to furnish a bail bond of Rs. 20,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioners under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act given the facts of the case
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- false implication
- excise offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31895 of 2026
Arising Out of PS. Case No.-170 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
1. Verma Kumar Yadav @ Barma Kumar Yadav, S/o Mahanth Yadav @
Mahesh Yadav, Resident of village- Masudaha, P.S.- Ander, District- Siwan,
Bihar
2. Ritesh Kumar Yadav, S/o- Keshav Yadav @ Keshab Yadav @ Kesho Yadav,
Resident of village- Masudaha, P.S.- Ander, District- Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhakar Singh, Advocate
For the State : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard the parties.
2. Petitioners seek regular bail in connection with
Excise Siwan (Sadar) P.S. Case No. 170 of 2026 registered for
the offences punishable under Sections 30(a) and 47 of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. It is submitted that the petitioners are neither
owners of the alleged seized liquor nor of the vehicle in
question. Learned counsel further submits that the petitioners
are local residents and had reached near the check-post after
hearing noise and commotion and have been falsely implicated
Patna High Court CR. MISC. No.31895 of 2026(2) dt.12-05-2026
2/2
merely due to their presence near the place of occurrence. It is
also submitted that no material has been brought on record
connecting the petitioners with the ownership, control or use of
the vehicle. Learned counsel further submits that the alleged
seizure was made only in presence of police personnel and no
independent witness supported the prosecution case. It is lastly
submitted that the petitioners have clean antecedent and are in
custody since 02.03.2026.
4. Learned APP for the State has opposed the prayer
for bail of the petitioners.
5. In the facts and circumstances of this case, and
considering the statements made in the petition as well as the
above submissions and period of custody, this Court is inclined
to grant the relief of bail to the petitioners. Accordingly, let the
petitioners named-above be released on bail on furnishing bail
bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two
sureties of the like amount each to the satisfaction of the
concerned Court in connection with Excise Siwan (Sadar) P.S.
Case No. 170 of 2026.
(Shailendra Singh, J)
maynaz/krishna/-
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