Patna High Court
Sanjeev Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court grants bail to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Sanjeev Kumar Yadav, was arrested in connection with the recovery of 14.190 litres of illicit foreign liquor, alleged under section 30(a) of the Bihar Prohibition and Excise Act. He filed a bail application claiming he was falsely implicated and had no involvement with the seized liquor. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the facts, the period of custody since 27‑03‑2026, and the petitioner's claim of innocence, decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, and the order was limited to the bail application without prejudice to the trial.
Issues considered
- Whether bail should be granted to a person accused under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of innocence and lack of involvement with the seized liquor warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- illicit liquor
- section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33971 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- Excise Mashrakh District- Saran
======================================================
Sanjeev Kumar Yadav S/o Shiv Chandra Rai @ Shivchan Rai R/o Village -
Hamidpur, P.S.- Baikunthpur, District - Gopalganj.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The State of Bihar Bihar, Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Mashrakh Excise P.S.
Case No. 42 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act.
3. There is recovery of 14.190 litres of illicit foreign
liquor from the bag.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely being implicated in the
present case. Learned counsel further submits that the petitioner
has no concern with the seized article and he has been made
accused in this case on the basis of suspicion. Petitioner is in
custody since 27.03.2026.
Patna High Court CR. MISC. No.33971 of 2026(2) dt.19-05-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the period of custody, this Court is inclined to grant bail to
the petitioner.
7. Accordingly, let the petitioner above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Court of 3rd Exclusive Special Excise
Court, Saran at Chapra/concerned court below in connection
with Mashrakh Excise P.S. Case No. 42 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-Nitesh
U T
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