Patna High Court
Yogendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is warranted as the petitioner has no criminal antecedent and the circumstances do not justify continued detention.
Summary
The petitioner, Yogendra Sah, was arrested after 159.9 litres of Nepali liquor were seized from a tempo he owned, leading to charges under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. He surrendered on 17 March 2026 and has been in custody since then. The petitioner argued that the liquor was in the possession of his driver, Sanjay Paswan, and that he has no prior criminal record. The State opposed bail, relying on the allegations in the FIR. The Court, after considering the facts and the petitioner’s clean record, ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Special Judge Excise, Madhubani.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 272, 273 IPC and Section 30(a) Bihar Prohibition and Excise Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273
Subjects
- bail
- illegal liquor
- IPC 272
- IPC 273
- Bihar Prohibition Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33312 of 2026
Arising Out of PS. Case No.-71 Year-2020 Thana- BENIPATTI District- Madhubani
======================================================
Yogendra Sah S/O Rajendra Sah Resident of Village- Bajraha, PS. - Bisfi,
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 272 and 273 of the
Indian Penal Code and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, 159.9 litres of
Nepali liquor was recovered from a Tempo bearing
Registration No.BR32PA-2054.
4. Learned counsel for the petitioner submits that
the alleged liquor has been recovered from a Tempo and the
name of the petitioner has transpired as he is the registered
owner of the said Tempo, however, he had given the same to
his driver, namely, Sanjay Paswan to run the same on daily
Patna High Court CR. MISC. No.33312 of 2026(2) dt.14-05-2026
2/2
basis. The petitioner has surrendered on 17.03.2026 and is in
custody since then.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, who
has no criminal antecedent, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge Excise, Madhubani/concerned
Court below in connection with Benipatti P.S. Case No. 71 of
2020.
(Soni Shrivastava, J)
anand/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.