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Patna High Court

Shankar Dayal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties and specified conditions.

Summary

Shankar Dayal Yadav was arrested on 6 March 2026 in connection with PS case No.45, alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for possession of 144.375 litres of English wine. The petitioner contended that only 24.375 litres were recovered from his personal possession while the remaining 120 litres came from his joint house property, and argued that the seizure process violated Sections 103 and 105 of the BNSS, 2023. The State opposed bail, citing the recovery from the petitioner’s house and a prior criminal antecedent, though the petitioner was already on bail in another matter. The Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made subject to cancellation if the petitioner breaches any of the stipulated conditions.

Issues considered

  • Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 affects the grant of bail.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • liquor seizure
  • criminal antecedent
  • Section 30(a)
  • Bihar
  • Section 103
  • Section 105

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33402 of 2026
                      Arising Out of PS. Case No.-45 Year-2026 Thana- JAMHOR District- Aurangabad
                 ======================================================
                 Shankar Dayal Yadav S/o Sanjay yadav Resident of village- Jamhor, P.S.-
                 Jamhor, Dist- Aurangabad (Bihar), PIN- 824121

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                   Heard Mr. Pramendra Kumar Singh, learned counsel

                   for the petitioner and Mr. Umanath Mishra, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   06.03.2026 in connection with Jamhaur P.S. Case No. 45 of

                   2026, F.I.R. dated 05.03.2026 for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

                               3. Recovery is of 144.375 liters of English wine.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that 24.375 litre of English wine has been

                   recovered from the possession of the petitioner as claimed by

                   the prosecution and 120 litre of liquor was recovered from the
Patna High Court CR. MISC. No.33402 of 2026(2) dt.14-05-2026
                                            2/3




          joint house property of the petitioner. It appears from the seizure

          list that seizure list witnesses are the police personnel, so there

          is non-compliance of Section 103/105 of the BNSS, 2023. The

          petitioner is in custody since 06.03.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the recovery has been made from the possession as

          well as house of the petitioner and apart from that the petitioner

          carries one criminal antecedent other than the present one but

          fairly submits that he is on bail in the pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Special

          Judge, Excise Court No. II, Aurangabad (Bihar) in connection

          with Jamhaur P.S. Case No. 45 of 2026 subject to the following

          conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.
            Patna High Court CR. MISC. No.33402 of 2026(2) dt.14-05-2026
                                                        3/3




                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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