Patna High Court
Chandan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner, subject to a bond of Rs. 15,000 and two sureties of the same amount.
Summary
The petitioner, Chandan Yadav, was arrested in connection with a case (PS No. 231 of 2025) alleging possession of 108 litres of liquor recovered from a motorcycle, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his conscious possession, and that he had no link to the vehicle involved. He also highlighted that the statutory requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with, and pointed to his two prior criminal antecedents as a factor against continued detention. The State opposed bail, arguing the seriousness of the offence. Considering the lack of direct evidence, the non‑compliance with Section 103, and the period of custody already served, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
- Impact of the accused’s prior criminal antecedents on the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- false implication
- criminal antecedents
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4044 of 2026
Arising Out of PS. Case No.-231 Year-2025 Thana- PHULWARIYA District- Gopalganj
======================================================
Chandan Yadav Son of Late Nandlal Yadav @ Dara Yadav Resident of Village
- Pandey Samail, P.S. - Mirganj, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Phulwariya P.S. Case No. 231 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 108 litres
of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.4044 of 2026(2) dt.27-01-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 11.12.2025 and has two criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Phulwariya P.S. Case
No. 231 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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