Patna High Court
Rohit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Rohit Kumar Yadav, a driver, was arrested in connection with the seizure of 432 litres of Nepali liquor and 60 litres of beer from a vehicle. He was charged under Sections 274 and 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, was not in physical possession, and that the search and seizure were irregular due to lack of an independent witness. The State opposed bail, citing the seriousness of the offences. The Court, noting the petitioner’s clean record, the alleged procedural lapses in the seizure, and the delay (laches) in the investigation, ordered that bail be granted on a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the driver can be held liable for possession of illicit liquor without knowledge or control over the seized goods.
- Whether the search and seizure complied with statutory requirements, particularly the presence of an independent witness.
- Whether the procedural lapse (laches) and the petitioner’s clean antecedent justify granting bail despite the serious nature of the offences.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- search and seizure
- illegal liquor
- driver liability
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- laches
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35978 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- LAUKAHI District- Madhubani
======================================================
Rohit Kumar Yadav S/O Shivshankar Yadav R/O Village- Nanpatti, P.S-
Phulparas, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
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 Sections 274 and 275, 3(5) 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 432 liters of Nepali country
made liquor and 60 liters of Beer are 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 physical and
conscious possession of the petitioner. It is submitted that the
petitioner is only a driver of the said vehicle and he had no
knowledge about the seized liquor. It is further submitted that
Patna High Court CR. MISC. No.35978 of 2026(2) dt.08-06-2026
2/2
the mandatory provisions of search and seizure have been
violated as there is no independent witness to the seizure list and
the petitioner with no criminal antecedent is languishing in
judicial custody since 14.03.2026 and charge sheet has already
been submitted.
5. Learned APP for the State opposes the prayer for
bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is laches
in the process of search and seizure coupled with the fact that
the petitioner has no criminal antecedent, let the above named
petitioner 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
Laukahi P.S. Case 39 of 2026.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.