Patna High Court
Ram Lochan Yadav @ Ramlochan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to a bond of Rs. 10,000, two sureties and specific conditions.
Summary
Ram Lochan Yadav was arrested in connection with the seizure of 3,229.365 litres of illicit liquor from a tank lorry and charged under Sections 30(a), 38(1) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was neither the owner nor the driver of the vehicle, that there was no independent witness to the search, and that the police failed to comply with Section 105 of the BNSS. The State highlighted his three prior similar offences, though he was on bail in those matters. The court noted the procedural lapses and the fact that co‑accused had already been granted bail, and held that these factors outweighed the prosecution’s objections. Accordingly, the court ordered his release on bail upon furnishing a Rs. 10,000 bond with two sureties and imposed conditions of personal appearance and a relative as one bailor.
Issues considered
- Whether bail should be granted to the accused in offences under the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts of the case.
- Whether the alleged procedural irregularities, including lack of an independent witness and non‑compliance with Section 105 of the BNSS, justify bail.
- Whether the accused’s prior criminal antecedents of a similar nature preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 38(1), 41(1)
- BNSS — s. 105
Subjects
- bail
- illicit liquor
- prohibition law
- procedural lapse
- prior criminal antecedent
- surety
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36056 of 2026
Arising Out of PS. Case No.-146 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Ram Lochan Yadav @ Ramlochan Yadav Son of Sri Chandra Yadav @
Chandra Yadav @ Srichandra Yadav @ Sirchandra Yadav Resident of village
- Chikana, Ward No. 9, P.S.- Ghoghardiha, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, 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. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a), 38(1), 41(1) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, 3229.365 litres of
illicit liquor was recovered from a Tank lorry.
4. Learned counsel for the petitioner submits that
petitioner is neither the owner nor the driver of the said vehicle.
There is no independent witness to search and seizure. Altogether,
5 persons were apprehended on the spot and police did not
comply the provisions of Section 105 of the BNSS. Further, two
similarly situated co-accused persons, namely, Kundan Kumar
and Suman Kumar have been granted bail by Coordinate Benches
of this Court vide order dated 20.05.2026 and 21.05.2026 in Cr.
Misc. No. 34922 of 2026 and Cr. Misc. No.35171 of 2026
Patna High Court CR. MISC. No.36056 of 2026(2) dt.08-06-2026
2/2
respectively. Petitioner is in custody since 11.04.2026.
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner has three criminal
antecedent of similar nature. However, in response it has been
submitted that the petitioner is on bail in all these cases.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released 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 Exclusive Special Judge, Excise,
Jhanjharpur, District-Madhubani/concerned Court below in
connection with Phulparas P.S. Case No. 146 of 2026 subject to
condition that:-
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister.
(ii) The petitioner shall remain physically present in
court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
anand/-
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