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Patna High Court

Rohit Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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