Patna High Court
Ratnesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail as the liquor was not recovered from his conscious possession and the seizure violated mandatory procedural safeguards.
Summary
The petitioner, Ratnesh Kumar Yadav, was arrested in connection with the alleged possession of 108 litres of Nepali liquor seized from a motorcycle, alleged offences under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he neither owned the motorcycle nor had conscious or physical possession of the liquor, and argued that the seizure violated mandatory procedural requirements, including the absence of an independent witness. The court examined the FIR, seizure list, and the petitioner’s claim of lack of possession, finding no evidence that the liquor was recovered from his direct control. Considering the lack of conscious possession and procedural lapses in the seizure, the court held that the petitioner was eligible for bail. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the investigation and that one bailor be a close relative.
Issues considered
- What is the applicability of bail provisions when the accused claims no conscious or physical possession of the seized liquor?
- Whether the seizure of the liquor complied with mandatory procedural requirements under the relevant statutes.
- Whether the offences under Sections 274, 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act warrant denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illegal liquor
- seizure
- possession
- Bihar Prohibition and Excise Act
- Sections 274
- Sections 275
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35907 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- MADHWAPUR District- Madhubani
======================================================
Ratnesh Kumar Yadav S/o Ram Prakash Ray R/o Village- Diwari P.S-
Sursand, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, 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 274 and 275 of the B.N.S. and
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the seizure
list would go to show that 108 liters of Nepali liquor is said to
have been recovered from a motorcycle.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the conscious or physical
possession of the petitioner. It is further submitted that the
petitioner is neither the owner of the said motorcycle nor has
any concern with the seized liquor. There is violation of the
mandatory provisions of the search and seizure as there is no
Patna High Court CR. MISC. No.35907 of 2026(2) dt.08-06-2026
2/2
independent witness to the seizure list. Petitioner has been
languishing in custody since 24.03.2026.
5. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is no recovery from the conscious possession of the petitioner
and also he is not the owner of the said motorcycle, 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 Madhwapur (Madhawpur) P.S. Case No. 53 of
2026, 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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