Patna High Court
Umesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
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
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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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