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Patna High Court

Shyam Sunder Yadav @ Shyam Sundar Yadav @ S.S YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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