Patna High Court
Paras Yadav @ Paras Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because no material was recovered from the petitioner's possession and procedural deficiencies existed, making continued detention unjustified.
Summary
Paras Yadav was arrested on 16 March 2026 in connection with a case involving the alleged possession of 194.7 litres of Nepali liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The seizure was made from an open place, not from the petitioner's conscious possession, and the investigation relied on a chowkidar’s disclosure, allegedly violating Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The petitioner contended false implication, while the State highlighted his involvement in three other cases, two of which he was on bail and one of which he had been acquitted. The Court, noting the lack of material recovered from the petitioner and procedural lapses, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Special Judge (Excise Act) in Darbhanga.
Issues considered
- Whether bail should be granted when the seized contraband was not found in the petitioner's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants denial of bail.
- Whether the petitioner’s pending and past cases affect the grant of bail in the present matter.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition act
- excise
- seizure
- conscious possession
- procedural lapse
- criminal antecedent
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33455 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- Sonki District- Darbhanga
======================================================
Paras Yadav @ Paras Kumar Yadav S/o Late Upendra Yadav Resident of
Village- Sahila P.S.- Sadar (Sonki), District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr.Baidyanath Prasad, learned counsel for
the petitioner and Mr.Shailendra Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
16.03.2026 in connection with Sonki P.S. Case No. 33 of 2026,
F.I.R. dated 14.03.2026 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3.Recovery is of 194.700 liters of Nepali liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has falsely been implicated in the
present case. It appears from the FIR as well as seizure list that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from the open
place. The name of the petitioner has been transpired during
Patna High Court CR. MISC. No.33455 of 2026(2) dt.14-05-2026
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investigation on the basis of the disclosure made by the local
chowkidar and the said chowkidar has stated that the petitioner
has fled away from the place of occurrence and altogether
194.700 liters of nepali liquor has been recovered from the place
of occurrence and the seizure list witnesses are police personnel
so there is non-compliance of Sections 103 and 105 of BNSS,
2023 and the petitioner is in custody since 16.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
three more cases other than the present one, out of three cases,
the petitioner is on bail in two cases and in rest one case, the
petitioner has been acquitted, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid fact and nothing has been
recovered from conscious possession of the petitioner, 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 learned Special Judge- 1st
(Excise Act) Darbhanga in connection with Sonki P.S. Case No.
33 of 2026, with 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
Patna High Court CR. MISC. No.33455 of 2026(2) dt.14-05-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(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)
Nitesh/-
U T
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