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Patna High Court

Virendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Virendra Yadav, was arrested in connection with the seizure of 171 litres of illicit Nepali liquor and charged under section 30(a) of the Bihar Prohibition & Excise Act. He had been in custody since 10 May 2026 and claimed innocence, no prior criminal record, and willingness to donate Rs.25,000 to a charitable organization. The petitioner’s counsel sought regular bail, while the State opposed the application. The Court, after considering the facts and the petitioner’s clean antecedent, allowed the bail application. Bail was granted on a bond of Rs.10,000 with two local sureties, subject to verification of antecedent, a Rs.25,000 donation to Ramakrishna Mission, and mandatory attendance at Bairiya Police Station on specified Sundays.

Issues considered

  • Whether regular bail should be granted to a person accused under section 30(a) of the Bihar Prohibition & Excise Act.
  • Whether the conditions imposed by the Court, including a charitable donation and periodic police station attendance, are permissible under bail law.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • regular bail
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40654 of 2026
                   Arising Out of PS. Case No.-109 Year-2026 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Virendra Yadav S/O Narayan Yadav R/O Village- Laxmipur, PS- Bairiya
                 Bajar, District- Janakpur, Nepal

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Vinod Kumar, Advocate
                 For the Opposite Party/s :         Mr.Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence under section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                3. The recovery is of 171 litres of illicit Nepali liquor

                   from three persons.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 10.05.2026

                   without any fault.

                                5. Learned counsel for the petitioner also submits that

                   the petitioner is ready to donate Rs.25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.40654 of 2026(2) dt.24-06-2026
                                            2/3




                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of concerned Court below, in connection with

          Benipatti Excise Thana Case No. 109 of 2026 and subject to the

          following conditions:-

                              (i) Both the bailors of the petitioner shall be local
                      residents.
                              (ii) At the time of accepting the bail bonds of the
                      petitioner, the Court below shall verify the statement of the
                      petitioner that he has clean antecedent. The bail bonds of
                      the petitioner shall only be accepted if it is found that he
                      has clean antecedent.
                              (iii) This is also subject to the condition that the
                      petitioner shall deposit an amount of Rs.25,000/- in
                      Ramakrishna Mission Ashrama, Bela, Muzaffarpur and
                      produce the receipt of the same before the Court below.
                      The bail bonds of the petitioner shall be accepted after
                      verifying the genuineness of the receipt produced by the
                      petitioner.
                              (iv) As a condition of this order, the petitioner after
                      being released on bail, is directed to mark his attendance
              Patna High Court CR. MISC. No.40654 of 2026(2) dt.24-06-2026
                                                          3/3




                                    at Bairiya Police Station, District- Janakpur (Nepal) on
                                    first and third Sunday of the month. Any default in
                                    appearance at the Police Station will result in cancellation
                                    of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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