Patna High Court
Virendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition & Excise Act — s. 30(a)
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
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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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