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Patna High Court

Paras Yadav @ Paras Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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