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Patna High Court

Umesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a bond and compliance with stipulated conditions.

Summary

Umesh Kumar Yadav, a driver, was arrested on 29 April 2026 in connection with an excise case involving the seizure of 540 litres of Nepali liquor from a vehicle. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner argued that he had no conscious possession of the liquor, was not the owner of the vehicle, and possessed a clean criminal record. The prosecution opposed bail. Considering the lack of ownership, the petitioner’s clean antecedent, and the circumstances of the seizure, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 when the alleged contraband was seized from a vehicle not owned by the accused.
  • Whether the accused’s lack of conscious possession and clean antecedent justify bail despite the seriousness of the offence.

Legislation cited

Subjects

  • bail
  • excise
  • possession of liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • driver
  • vehicle seizure
  • non‑ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38971 of 2026
                     Arising Out of PS. Case No.-182 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Umesh Kumar Yadav S/O Gosai yadav R/o village - Sugauna , P.s- Rahika ,
                 District- Madhubani

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Gagan Deo Yadav, Advocate
                                          :        Mr. Ravi Prakash, Advocate
                                          :        Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-06-2026                          Heard Mr. Gagan Deo Yadav, learned counsel for

                   the petitioner and Mr. Nand Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   29.04.2026 in connection with Excise P.S. Case No. 182 of

                   2026, F.I.R. dated 28.04.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                                3. Recovery is of 540 liters of Nepali liquor.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R. as well as seizure list that nothing has been

                   recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.38971 of 2026(2) dt.23-06-2026
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          the recovery has been made from vehicle in question and the

          petitioner is not the owner of the vehicle in question. He next

          submits that petitioner is the driver of the vehicle in question but

          he had no knowledge about the alleged liquor kept in the

          vehicle. The petitioner is in custody since 29.04.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and petitioner is

          not the owner of the vehicle in question, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Exclusive Special Judge,

          Excise Madhubani in connection with Excise P.S. Case No. 182

          of 2026, subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient

           reason, his bail bond shall be cancelled by the Court below.

                        ii. If the petitioner tampers with the evidence or the

           witnesses, in that case, the prosecution will be at liberty to
            Patna High Court CR. MISC. No.38971 of 2026(2) dt.23-06-2026
                                                        3/3




                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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