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Patna High Court

Anand Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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