Patna High Court
Satish Kumar YadavversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Satish Kumar Yadav was arrested in connection with the alleged seizure of 12.9 litres of illicit liquor from a trolley bag and backpack on a train, under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no involvement with the seized items, and that the seizure list lacked an independent witness as required by section 105 of the BNSS. He also highlighted his clean criminal record and that he had been in custody since 25‑04‑2026. The State opposed the bail application. Considering the petitioner’s lack of antecedents, the procedural defect alleged, and the period of custody, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of an independent witness to the seizure list, in violation of section 105 of the BNSS, warrants bail.
- Whether the petitioner’s clean criminal record and duration of custody influence the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- section 30(a)
- procedural lapse
- seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 36026 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Satish Kumar Yadav S/O Bhola Yadav R/O Vill.- Roop Poiya, Ward No.- 03,
P.S- Keteya, District- Gopalganj
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chetna, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, 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, through virtual mode.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Chapra Rail P.S. @ Rail P.S.
Chapra @ Chapra G.R.P.S. Case no.91 of 2026 registered under
section 30(a) of Bihar Prohibition and Excise Act.
3. There is a recovery of 12.900 liters of illicit liquor
from a trolley bag and backpack in a train.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the case. He has no
concern with the trolley and the backpack from which the
alleged recovery took place and rather the said was kept on the
berth of the train. Further, there is non-compliance of section 105
of BNSS as there is no independent witness to the seizure list. The
Patna High Court CR. MISC. No. 36026 of 2026(2) dt.08-06-2026
2/2
petitioner has no criminal antecedent and he is in custody since
25.04.2026.
5. The application for bail is opposed by learned
A.P.P. for the state.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that
petitioner has no criminal antecedent and he is in custody since
25.04.2026, the petitioner is directed to be enlarged on bail in
connection with Chapra Rail P.S. @ Rail P.S. Chapra @ Chapra
G.R.P.S. Case no. 91 of 2026 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 concerned
where the case is pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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