Patna High Court
Deepak YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Deepak Yadav, applied for regular bail in a case registered under sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016, where 122.36 litres of liquor were seized from a motorcycle and three persons, including the petitioner, were arrested. The petitioner contended that no incriminating article was found in his possession, he was not the owner of the motorcycle, and he had no prior criminal record. The State opposed the bail application. After hearing both sides, the Court considered the allegations in the FIR, the petitioner’s custody since 16‑May‑2026, and his clean antecedent. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Special Excise Court, No.1, Buxar.
Issues considered
- Whether regular bail should be granted to the accused under sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016 in view of the facts of the case.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41
Subjects
- bail
- regular bail
- prohibition law
- excise
- Bihar Prohibition and Excise Act
- section 30(a)
- section 41
- criminal procedure
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41209 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Deepak Yadav S/O Late Babban Yadav Resident of village- Govindpur, PO-
Korantadih, PS- Narhi, District- Balliya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Buxar Industrial P.S.
Case no. 78 of 2026 registered under sections 30(a) and 41 of
the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, a total of 122.36 litres
of liquor was recovered from the motorcycle in question and the
three accused persons including the petitioner herein were taken
into custody.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession and he has been falsely implicated in the case. He is not
the owner of the motorcycle from which the alleged recovery is said
to have taken place nor does he has any concern with the seized
Patna High Court CR. MISC. No.41209 of 2026(2) dt.01-07-2026
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article. He is in custody since 16.5.2026 and has no criminal
antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the petitioner being in custody since 16.5.2026 and
specially his not having any criminal antecedent, the Court
directs the petitioner to be enlarged on bail in connection with Buxar
Industrial P.S. Case no. 78 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 Exclusive Special
Excise Court no.1, Buxar.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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