Patna High Court
Jagarnath Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Jagarnath Kumar Yadav, was arrested in connection with a case alleging possession of 360 litres of liquor recovered from three motorcycles, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, no liquor was found in his conscious possession, he has no prior criminal record, and the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed bail. Considering the lack of incriminating evidence against the petitioner, his clean record, and the procedural lapse, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same 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 in view of the facts of the case
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- excise
- prohibition act
- liquor seizure
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3879 of 2026
Arising Out of PS. Case No.-236 Year-2025 Thana- Excise Benipatti District- Madhubani
======================================================
Jagarnath Kumar Yadav S/O Nakchedi Yadav @ Chhedi Yadav R/O Village-
Dighiya, Ward No. 1, P.S- Harlakhi, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
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
Benipatti Excise P.S. Case No. 236 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 360 litres
of liquor was recovered from three motorcycles.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicles in
Patna High Court CR. MISC. No.3879 of 2026(2) dt.27-01-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 06.12.2025 and has no 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 Benipatti Excise P.S.
Case No. 236 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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