Patna High Court
Anand Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner.
Summary
Anand Kumar Yadav was arrested in connection with the alleged recovery of 198.75 litres of liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he was not caught in possession, the liquor was recovered from a place not belonging to him, and he was implicated by a hostile chowkidar; he also highlighted his two prior excise cases and his custody since 25‑03‑2026. The State opposed the bail application. The court considered the submissions, the nature of the offence, and the period of custody, and ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the case.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts and his antecedent cases.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise law
- prohibition act
- criminal procedure
- antecedent cases
- possession
- liquor recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40320 of 2026
Arising Out of PS. Case No.-250 Year-2025 Thana- KEWATI District- Darbhanga
======================================================
Anand Kumar Yadav Son of Sanjay Yadav Resident of Village- Samaila, P.S.-
Raiyam, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
is in custody since 25.03.2026 and allegation is of recovery of
198.75 litres of liquor from a bush. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of chowkidar with
whom he is on an inimical term.
Patna High Court CR. MISC. No.40320 of 2026(2) dt.01-07-2026
2/2
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs.5000/- (Rupees
five thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Keoti P.S. Case
No.250 of 2025.
(Satyavrat Verma, J)
amit/-
U T
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