Patna High Court
Ajay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary and appearance conditions.
Summary
Ajay Kumar Yadav was arrested in connection with a case involving 2.7 litres of liquor, a pistol and live cartridges recovered from a motorcycle, and charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑b) a, 26 and 35 of the Arms Act. The petitioner contended that he was falsely implicated, had sold the motorcycle to Rammurti Yadav in 2024 and that no incriminating material was found in his possession, also noting the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offences. The Court examined the facts, the period of custody, the absence of direct evidence against the petitioner and the procedural lapse, and decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and the petitioner’s mandatory appearance at every trial date.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Bihar Prohibition and Excise Act and the Arms Act
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail
Legislation cited
- Arms Act — s. 25(1-b) a, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Subjects
- bail
- prohibition act
- arms act
- criminal procedure
- section 103
- motorcycle ownership
- possession
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3695 of 2026
Arising Out of PS. Case No.-227 Year-2025 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Ajay Kumar Yadav S/o Late Dhanik Lal Yadav R/o village - Bhanpur,
(Pokhra), P.S - Babubarhi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gagandeo Yadav, Advocate
Mr.Udeshya Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Akbar Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with LNMU
P.S. Case No. 227 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act and
Sections 25(1-b) a, 26 and 35 of the Arms Act.
3. The prosecution case, in short, is that total 2.7 liters
liquor and one country made pistol along with seven live
cartridges were recovered from motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.3695 of 2026(2) dt.27-01-2026
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no concern with the alleged recovery of liquor. The name of the
petitioner trianspired as owner of the motorcycle. He further
submits that in the year 2024, petitioner has sold the alleged
motorcycle to Rammurti Yadav, son of Gangai Yadav, but
inspite of several requests to transfer the name of petitioner the
said Rammurti Yadav abstain from doing so. The said fact has
been discussed vide Annexure-2 to this petition. The occurrence
took place on 10.09.2025 and petitioner has been made accused
in this case on 21.11.2025 after laps of more than one month.
The petitioner is in custody since 03.12.2025 and has got one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with LNMU P.S. Case No. 227 of 2025,
Patna High Court CR. MISC. No.3695 of 2026(2) dt.27-01-2026
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subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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