Patna High Court
Krishna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Krishna Yadav, a 19‑year‑old, was arrested in connection with a case alleging possession of 360 litres of illegal Nepali liquor and a motorcycle, and was charged under Sections 274, 275 and 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated on political grounds and that no incriminating articles were found in his possession; the only basis for his accusation was the confessional statements of two co‑accused who had been arrested. The State opposed bail, but the court noted that the petitioner was not arrested at the spot, no material was recovered from him, and the charge rested solely on co‑accused statements. Considering these factors, the court deemed that the petitioner did not pose a flight risk or a danger to the investigation. Consequently, the court granted regular bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted when the accusation is based solely on confessional statements of co‑accused and no material is found in the petitioner’s possession
- Whether the nature of the offences under the Bihar Prohibition and Excise Act warrants denial of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNS — s. 274, 275, 3(5)
Subjects
- bail
- regular bail
- illegal liquor
- confessional statement
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33789 of 2026
Arising Out of PS. Case No.-118 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Krishna Yadav Male aged about 19 years, Son of Indal Yadav @ Indra Yadav
Resident of Village - Umgaon, P.S. - Harlakhi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in connection with
Harlakhi P.S. Case No. 118 of 2025 instituted for the offences
punishable under Sections 274, 275 and 3(5) of the BNS and
Section 30 (a) of the Bihar Prohibition and Excise Act.
3. As per allegation in FIR total 360 liters of illegal
Nepali country made liquor and one motorcycle has been
recovered from the possession of co-accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case merely on the basis of local
village politics. He submits that nothing incriminating articles
have been recovered from the conscious possession of the
petitioner. He further submits that petitioner has been made
Patna High Court CR. MISC. No.33789 of 2026(2) dt.20-05-2026
2/3
accused only on the basis of confessional statement of arrested
co-accused persons. He next submits that petitioner is not
arrested at the spot and nothing incriminating articles have been
recovered from the conscious possession of the petitioner.
Petitioner is in custody since 19.03.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned Exclusive Special Judge Excise, Madhubani
dated 08.04.2026, it appears that petitioner is named in the FIR
and his name transpired in this case during the course of
investigation merely on the basis of confessional statement of
co-accused persons namely Rakesh Yadav and Abhishek Kumar
Yadav. From perusal of records, it also appears that on the basis
of written report of the informant, FIR has been registered under
Sections 274, 275 and 3(5) of the BNS and Section 30 (a) of
the Bihar Prohibition and Excise Act against three co-accused
persons including the present petitioner and the allegation is of
360 liters of Nepali country made liquor has been recovered.
Petitioner has not arrested at the spot and he has been made
accused only on the basis of confessional statement of two
arrested co-accused persons namely Rakesh Yadav and
Patna High Court CR. MISC. No.33789 of 2026(2) dt.20-05-2026
3/3
Abhishek Kumar Yadav. Petitioner is in custody since
19.03.2026, so considering all these aspects of the case and
submission of the learned counsel of the petitioner, I am
inclined to grant regular bail to the petitioner.
7. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be released
on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise,
Madhubani in connection with Harlakhi P.S. Case No. 118 of
2025, arising out of G.R. No. 632 of 2025.
(Ramesh Chand Malviya, J)
Anand Kr
U
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