Patna High Court
Kashindra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The Patna High Court considered a bail application filed by Kashindra Kumar Yadav, who was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 900 litres of liquor recovered from vehicles. The petitioner contended that he was falsely implicated, was neither the owner nor the driver of the vehicles, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The court examined the facts, the petitioner’s custody since 7 December 2025, and his single prior criminal record, and found no statutory impediment to bail. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs 15,000 with two sureties of equal amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the prosecution complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
- Whether the petitioner’s alleged involvement justifies continued detention
Legislation cited
Subjects
- bail
- excise
- prohibition
- liquor seizure
- false implication
- Section 30
- Section 103
- Patna High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3818 of 2026
Arising Out of PS. Case No.-485 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Kashindra Kumar Yadav S/o Krishnadeo Yadav Resident of Village - Bhutaha
Bazar, Ratikar, P.S - Rajnagar, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha
For the Opposite Party/s : Mr.Pushpa Sinha.1
======================================================
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. Learned counsel for the petitioner is permitted to
make necessary corrections in paragraph no. 1 during course of
the day.
2. The petitioner seeks bail in connection with
Madhubani Excise P.S. Case No. 485 of 2025, G.O. No. 1898 of
2025 instituted for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 900
litres of liquor was recovered from vehicles.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.3818 of 2026(2) dt.27-01-2026
2/2
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that the name of the petitioner is neither owner nor driver of the
vehicles in question. The petitioner is in custody since
07.12.2025 and has one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Madhubani Excise
P.S. Case No. 485 of 2025, G.O. No. 1898 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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