Patna High Court
Yogesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, finding that the lack of ownership, clean antecedent and non‑compliance of procedural provisions warranted release on bond.
Summary
Yogesh Singh, a driver, was arrested on 15 May 2026 in connection with the seizure of 153 litres of illegal foreign liquor from a vehicle he was driving. He was charged under Sections 30(a), 32(1), 32(3) and 41(1)(2) of the Bihar Prohibition and Excise Act, 2022. The petitioner argued that he had no conscious possession of the liquor, was not the owner of the vehicle, had a clean antecedent and that the seizure report violated Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The High Court, noting the lack of ownership, clean record and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence and verification of antecedents.
Issues considered
- Whether the petitioner, as driver of the vehicle, is liable for the offences under the Bihar Prohibition and Excise Act, 2022.
- Whether the procedural requirements of Sections 103 and 105 of the BNSS were complied with in the seizure.
- Whether bail should be granted given the petitioner’s alleged lack of conscious possession and clean antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 32(1), 32(3), 41(1)(2)
- BNSS — s. 103, 105
Subjects
- bail
- illegal liquor
- excise law
- driver liability
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40773 of 2026
Arising Out of PS. Case No.-239 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Yogesh Singh S/o Sharad Kumar Singh Resident of Village- Behara, P.S.-
Kerakat, District- Jaunpur, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aquaib Khan, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Aquaib Khan, learned counsel for the
petitioner and Mr. Manoj Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.05.2026 in connection with Bhabhua P.S. Case No. 239 of
2026, F.I.R. dated 14.05.2026 for the offences punishable under
Section 30(a), 32(1),(3), 41 (1)(2) of the Bihar Prohibition and
Excise Act, 2022.
3. Recovery is of 153 liters of illegal foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.40773 of 2026(2) dt.30-06-2026
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the recovery of altogether 153 liters of illegal foreign liquor has
been made from vehicle in question and the petitioner has been
made accused merely on the basis that he is the driver of the
vehicle in question. He further submits that the petitioner has no
concern at all with the alleged recovery of the illicit liquor or the
vehicle in question. He further submits that seizure list
witnesses are police personnel so there is non-compliance of
Section 103/105 of BNSS. The petitioner is in custody since
15.05.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that petitioner has clean antecedent, he is not the owner of the
vehicle in question and there is non-compliance of Section
103/105 of BNSS, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge(Excise)-II, Kaimur at
Bhabhua in connection with Bhabhua P.S. Case No. 239 of
2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.40773 of 2026(2) dt.30-06-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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