Patna High Court
Pinku YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
Pinku Yadav was arrested in connection with Excise PS Case No. 736 of 2025 for alleged offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, based on the recovery of 79.4 litres of liquor from a motorcycle. The petitioner contended that he had no possession of the liquor or the motorcycle, had no prior criminal record, and that the prosecution had not complied with Section 103 of the BNSS, 2023. The State opposed bail. Considering the lack of incriminating material against the petitioner, his clean antecedent, and the length of his custody since 8 November 2025, the Court decided to grant bail. The bail was set at a cash bond of Rs.15,000 with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused in an excise case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
- Whether the prosecution complied with the procedural requirements of Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise offence
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 103 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3515 of 2026
Arising Out of PS. Case No.-736 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Pinku Yadav S/O Majister Yadav Resident of Vill.- Dharampur, Ward No.07,
P.S.- Yadopur, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. At the outset, learned counsel for the petitioner is
permitted to make the necessary correction/s in paragraph No.4
of the bail petition in course of the day.
3. The petitioner seeks bail in connection with Excise
PS Case No. 736 of 2025 instituted for the offences under
Section/s 30(a) & 32 of the Bihar Prohibition and Excise Act.
4. The prosecution case, in short, is that 79.4 liters
liquor was recovered from motorcycle.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.3515 of 2026(2) dt.19-01-2026
2/2
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner has no concern with the motorcycle. The
petitioner is in custody since 08.11.2025 and has got no criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise PS Case No.
736 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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