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Patna High Court

Jagarnath Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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