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Patna High Court

Pinku YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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