Patna High Court
Yogi Yadav @ Bhogi Yadav @ Yogendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions of cooperation and familial bailor.
Summary
The petitioner, Yogi Yadav, was arrested in connection with the seizure of 200 litres of Mahua liquor from a car, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that he neither owned nor drove the vehicle, had no knowledge of the liquor, and that there was no independent witness to the seizure. The petitioner had been in custody since 6 May 2026. The court examined the lack of conscious and physical possession by the petitioner and the procedural lapses in the seizure. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to cooperation with the investigation and that one bailor be a family member. The bail order was pronounced by Justice Soni Shrivastava.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s lack of ownership, driver status, and possession of the seized liquor negates the necessity of continued custody.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- possession
- seizure
- Mahua liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35893 of 2026
Arising Out of PS. Case No.-581 Year-2022 Thana- KAUWAKOL District- Nawada
======================================================
Yogi Yadav @ Bhogi Yadav @ Yogendra Kumar Son of Suresh Yadav
Resident of village - Guaghoghara, P.S.- Kawakol, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. Perusal of the first information report and the
seizure list would go to show that 200 liters of Mahua liquor is
said to have been recovered from a car.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the conscious or physical
possession of the petitioner. The petitioner is neither the owner
nor the driver of the said car. The petitioner happens to be a
simple commuter and had no knowledge of keeping of the said
liquor in the car. There is violation of the mandatory provisions
Patna High Court CR. MISC. No.35893 of 2026(2) dt.08-06-2026
2/2
of the search and seizure as there is no independent witness to
the seizure list. Petitioner has been languishing in custody since
06.05.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is recovery from the conscious and physical possession of the
petitioner and he has no concern with the seized car or the
liquor, the above named petitioner is directed to be enlarged 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 the learned Court below where the case is
pending/successor Court in connection with Kawakol P.S. Case
No. 581 of 2022, subject to the further condition that:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) The one of the bailors will be a family
member/close relative.
(Soni Shrivastava, J)
Trivedi/-
U T
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