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Patna High Court

Vinita Yadav @ Vinit YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Vinita Yadav, was arrested at the scene of a seizure of 108 litres of liquor and charged under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act. She claimed she was merely a passer‑by, not the owner of the vehicle, and that no incriminating material was found in her possession. The State opposed bail, while the petitioner’s counsel argued lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and highlighted her custodial period since 4 December 2025. The Court examined the facts, the nature of the offences, and the statutory bail provisions, and found no compelling reason to keep her detained. Consequently, the Court ordered her release on bail upon furnishing a bond of Rs 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act
  • Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with
  • Whether the custodial period and the nature of the alleged offence justify denial of bail

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • liquor seizure
  • Section 30(a)
  • Section 32(2)
  • Section 103
  • Bihar High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3809 of 2026
                          Arising Out of PS. Case No.-719 Year-2025 Thana- BEUR District- Patna
                 ======================================================
                 Vinita Yadav @ Vinit Yadav D/o Jalendhra Yadav R/o Kirubigha, P.S.- Hilsa,
                 Distt.- Nalanda, at Present r/o 70 feet road, P.S.- Beur, Distt.- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr.Anish Chandra, 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 Spl.

                   Case No. 1973 of 2025, arising out of Beur P.S. Case No. 719 of

                   2025, instituted for the offences punishable under Sections 30(a)

                   and 32(2) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 108

                   liters liquor was recovered from car. Petitioner was arrested on

                   the spot.

                                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

                   no concern with the alleged recovery of liquor. The petitioner is
           Patna High Court CR. MISC. No.3809 of 2026(2) dt.27-01-2026
                                                       2/2




                     not the owner of the vehicle rather he was passersby of the way

                     and has become victim of circumstances. The petitioner is a lady

                     and she is in custody since 04.12.2025 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 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 Spl. Case No. 1973

                     of 2025, arising out of Beur P.S. Case No. 719 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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