Patna High Court
Shyam Sunder Yadav @ Shyam Sundar Yadav @ S.S YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail may be granted in offences under Section 30(a) of the Bihar Prohibition and Excise Act provided the accused furnishes the prescribed bail bond, makes a charitable deposit, and complies with attendance conditions.
Summary
The petitioners, Shyam Sunder Yadav and Prem Kumar, were arrested in connection with the seizure of 209.535 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, clean antecedents, and offered to donate Rs. 25,000 each to a charitable organization. The State opposed bail. The Patna High Court, after considering the facts and submissions, granted bail on the condition that each petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 in the Ramakrishna Mission Sevashrama, and attend the designated police stations on specified days. The court also directed verification of the petitioners' antecedents before finalizing the bail bonds. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioners' antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39572 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- SUKHANI District- Kishanganj
======================================================
1. Shyam Sunder Yadav @ Shyam Sundar Yadav @ S.S Yadav S/o Late
Mangal Yadav @ lt. Mangal Yadav R/o Vill- Bauwa, Ward no- 1, Singhia,
Dist- Samastipur
2. Prem Kumar @ Pram Kumar S/o Raj Kumar @ Raj Kumar Mandal R/O vill
- Parsannama, Ward no- 9 ,P.S -Bhargaon, P.O- Gora Mansingh, District -
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar
For the State : Mr.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Sukhani P.S. Case No. 36 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of
total 209.535 litres of illicit liquor from the vehicle.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and have falsely
been implicated in this case. The petitioners are in custody since
18.05.2026 and claims clean antecedent.
Patna High Court CR. MISC. No.39572 of 2026(2) dt.22-06-2026
2/3
5. Learned counsel for the petitioners submits that the
petitioners are ready to donate Rs. 25,000/- each in some
charitable organization without accepting their guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioners.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioners, let the
petitioners, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise-1, Kishanganj/concerned Court
below in connection with Sukhani P.S. Case No. 36 of 2026.
8. This is also subject to the condition that the
petitioners shall deposit an amount of Rs. 25,000/- each in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar and produce the receipt of the same
before the Court below. The bail bonds of the petitioners shall
be accepted after verifying the genuineness of the receipt
produced by the petitioners.
9. As the petitioners claim to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioners are directed to verify the antecedent of the
Patna High Court CR. MISC. No.39572 of 2026(2) dt.22-06-2026
3/3
petitioners. If the petitioners are found to be involved in any
other case then the bail bonds of the petitioners shall not be
accepted.
10. As a condition of this order, the petitioner no. 1
after being released on bail is directed to mark his attendance at
Singhia Police Station, District Samastipur and petitioner no. 2
after being released on bail is directed to mark his attendance at
Gora Mansingh Police Station, District- Darbhanga on first and
third Sunday of each month. Any default in appearance at the
police station will result in cancellation of bail bonds of the
petitioners.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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