Patna High Court
Ravi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs 10,000 and two sureties, with specified conditions.
Summary
Ravi Yadav was arrested on 9 April 2026 in connection with a case involving the alleged illegal manufacture and possession of 330 litres of country‑made liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner claimed he was falsely implicated, arguing that the seized liquor was recovered from the place of occurrence and not from his personal possession, and that the seizure list violated Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. The prosecution opposed bail, citing two prior criminal antecedents, though the petitioner was already out on bail in those matters. The court examined the facts, the nature of the offence and the procedural issues, and decided that bail could be granted. Accordingly, the petitioner was released on a bail bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether alleged non‑compliance with Sections 103/105 of the Bihar Narcotic Substances Act, 2023 impacts the bail application.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30(a)
- prior criminal antecedents
- procedural compliance
- seizure list
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33579 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- TILAUTHU District- Rohtas
======================================================
Ravi Yadav S/O Late Saheb Yadav R/O Village- Tillouthu, p.s- Tillouthu,
District- Rohtas, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Prakash Singh, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-06-2026 Heard Mr. Jai Prakash Singh, learned counsel for the
petitioner and Mr. Suresh Prasad Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
09.04.2026 in connection with Tillouthu P.S. Case No. 84 of
2026, F.I.R. dated 08.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2018 .
3. Recovery is of 330 liters of illicit country made
liquor.
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 nothing has been recovered from the
Patna High Court CR. MISC. No.33579 of 2026(3) dt.17-06-2026
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conscious possession of the petitioner rather the recovery of
total 330 liters of country made liquor has been recovered from
place of occurrence and petitioner was apprehended from the
place of occurrence and he has informed the police that he used
to supply the liquor to one Ajay Choudhary. It appears from the
seizure list that the seizure list witnesses are police personnel so,
there is non-compliance of Section 103/105 of the BNSS, 2023.
The petitioner is in custody since 09.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries two criminal antecedents other
than the present one but fairly submits that he is on bail in both
the pending matters.
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 Exclusive
Special Judge Excise, Court No. II, Rohtas, Sasaram in
connection with Tillouthu P.S. Case No. 84 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
Patna High Court CR. MISC. No.33579 of 2026(3) dt.17-06-2026
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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.
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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