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Patna High Court

Dhirendra Yadav @ Gila YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding procedural non‑compliance in the seizure and imposing conditions for his release.

Summary

The petitioner, Dhirendra Yadav, was arrested on 19 May 2026 for alleged possession of 13 litres of illicit country liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was planted and that the seizure violated Sections 103 and 105 of the Bihar Narcotic and Special Substances (BNSS) Act, 2023, asserting no conscious possession. The prosecution opposed bail, noting the petitioner was caught with the liquor and has a prior criminal antecedent, though he is already on bail in another case. The court examined the procedural lapse in the seizure and, considering the petitioner’s claim of innocence, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedent. The order directed that bail should not be delayed for verification purposes.

Issues considered

  • Whether the seizure of the alleged illicit liquor complied with Sections 103 and 105 of the BNSS, 2023.
  • Whether the petitioner is entitled to bail despite alleged possession of illicit liquor and a prior criminal antecedent.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • procedural compliance
  • seizure
  • criminal antecedent
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40800 of 2026
                       Arising Out of PS. Case No.-159 Year-2026 Thana- RASULPUR District- Saran
                 ======================================================
                 Dhirendra Yadav @ Gila Yadav S/O Late Mundrika Yadav R/O Village -
                 Jogiya, P. S - Rasulpur, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                   Heard Mr. Hemant Kumar, learned counsel for the

                   petitioner and Mr. Shailendra Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.05.2026 in connection with Rasulpur P.S. Case No. 159 of

                   2026, F.I.R. dated 18.05.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. Recovery is of 13 liters of illicit country liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that recovery of 11 liters of

                   illicit liquor has been made from the possession of the

                   petitioner. In fact, nothing has been recovered from the

                   conscious possession of the petitioner rather the police have
Patna High Court CR. MISC. No.40800 of 2026(2) dt.30-06-2026
                                            2/3




          planted the same and shown that the recovery has been made

          from the possession of the petitioner. It appears from the seizure

          list that there is non-compliance of Section 103/105 of the

          BNSS, 2023. The petitioner is in custody since 19.05.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner was apprehended along with illicit

          liquor and apart from that the petitioner carries one criminal

          antecedent but fairly submits that he is on bail in the said case.

                       6. Considering the aforesaid facts and circumstances

          that there is non-compliance of Section 103/105 of the BNSS,

          2023, 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

          2nd Exclusive Special Excise Judge, Saran at Chapra in

          connection with Rasulpur P.S. Case No. 159 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

           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.
            Patna High Court CR. MISC. No.40800 of 2026(2) dt.30-06-2026
                                                        3/3




                                    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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