Patna High Court
Yogendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Yogendra Kumar and Anarjit Kumar, were arrested in connection with Excise Simrahi P.S. Case No. 114 of 2026 for alleged offences under Sections 137(2) and 140(3) of the B.N.S., 2023 and Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that the seized vehicle did not belong to them, that no independent witness was produced and that the prosecution relied on undisclosed secret information. The State opposed the bail application. Considering the petitioners' clean antecedent, the short period of custody since 28‑03‑2026, and the lack of substantive evidence, the Court inclined to grant regular bail. The Court ordered that each petitioner be released on bail upon furnishing a bond of Rs. 20,000 with two sureties of the same amount each.
Issues considered
- Whether regular bail should be granted to the accused in offences under Sections 137(2) and 140(3) of the B.N.S., 2023 and Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the reliance on secret information and absence of an independent witness precludes bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S., 2023 — s. 137(2), 140(3)
Subjects
- regular bail
- excise offences
- secret information
- clean antecedent
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31992 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- EXCISE SIMRAHI District- Supaul
======================================================
1. Yogendra Kumar, S/o Chhutahru Ram, R/O Village- Kodhli, Ward No.-6,
Bhaptiyahi, Distt.- Supaul.
2. Anarjit Kumar, S/o Baijnathi Ram, R/O Village- Chhatauni, P.S.- Ratanpura,
Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Singh, Adv.
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 1. Heard the parties
2. The petitioners seek regular bail in connection with
Excise Simrahi P. S. Case No. 114 of 2026 registered for the
offences punishable under Sections 137(2) and 140(3) of the
B.N.S., 2023 and later on Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act have been added.
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 alleged Wagon R
vehicle does not belong to the petitioners and they have no
concern with the seized liquor. Learned counsel further submits
that no independent person was made witness to the alleged
Patna High Court CR. MISC. No.31992 of 2026(2) dt.12-05-2026
2/2
recovery and the entire prosecution case is based upon secret
information, the source whereof has not been disclosed. It is
also submitted that the petitioners are men of clean antecedent
and are in custody since 28.03.2026.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioners.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with the petitioners' clean antecedent and
the period of custody, this court is inclined to enlarge the
petitioners on bail, accordingly, let the petitioners named-above
be enlarged on bail in connection with Excise Simrahi P. S.
Case No. 114 of 2026 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 Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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