Patna High Court
Shankar Dayal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103, 105
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
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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
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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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