Patna High Court
Kalyan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail, subject to a bond, sureties, and a condition for possible cancellation if an antecedent under the Act is later discovered.
Summary
Kalyan Kumar Yadav was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 104.12 litres of IMFL were recovered from his vehicle. The petitioner contended that no contraband was found on his person or in his possession, that he was falsely implicated, and that he had no prior record under the Act. He applied for regular bail, undertaking cooperation with the investigation. The State opposed the bail. The Patna High Court, after hearing both sides, granted regular bail on a bond of Rs.10,000 with two sureties, subject to the condition that if any antecedent under the Act later emerges, the prosecution may seek cancellation of the bail.
Issues considered
- Whether regular bail should be granted in a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the absence of a prior antecedent under the Act is a sufficient ground to deny bail.
- Whether bail can be conditioned on the future discovery of an antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- regular bail
- prohibition and excise
- section 30(a)
- antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41076 of 2026
Arising Out of PS. Case No.-152 Year-2026 Thana- DAUDPUR District- Saran
======================================================
Kalyan Kumar Yadav Son of Late Yogendra Yadav @ Late Yogendra Ray
Resident of village - Govindpur, Police Station - Khaira, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
Mr. Avinash Raj, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Daudpur P.S. Case
no.152 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 104.12 litres of IMFL
was recovered from the vehicle of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered either from the
petitioner’s possession or from his vehicle. He has been falsely
implicated in the case. He is in custody since 10.5.2026 and has
no antecedent under the Bihar Prohibition and Excise Act, 2016.
He undertakes to cooperate in the investigation/trial.
Patna High Court CR. MISC. No.41076 of 2026(2) dt.01-07-2026
2/2
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the nature of allegation against the
petitioner in the FIR and the petitioner having remained in
custody since 10.5.2026, the petitioner is directed to be enlarged
on bail in connection with Daudpur P.S. Case no.152 of 2026 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned 1st Exclusive Special Excise Court, Saran at Chapra
on the following condition :
(I) In case it subsequently transpires that the petitioner
has antecedent under the Bihar Prohibition and Excise Act,
2016, the prosecution will be at liberty to move this Court for
cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
Shiv/-
U T
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