Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a Rs.30,000 bond and verification of his criminal antecedents.
Summary
The petitioner, Sanjay Yadav, was implicated in a case concerning the seizure of 77.76 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He argued that no liquor was found in his possession and that his name was mentioned only through hostile co‑accused disclosures, asserting a clean criminal record. The State opposed his bail application. The Court considered the bail provisions under the B.N.S.S., 2023, particularly Section 2(1)(d) and Section 482(2), and directed that bail be granted on a bond of Rs.30,000, subject to verification of any concealed criminal antecedents. The trial court was instructed to verify his antecedents and cancel bail if concealment is discovered. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to bail under the B.N.S.S., 2023 in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018
- Whether the petitioner’s alleged involvement, based solely on co‑accused statements, justifies denial of bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- illicit liquor
- prohibition law
- criminal antecedent
- Bihar Prohibition and Excise Act
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42084 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- Karnamepur District- Bhojpur
======================================================
Sanjay Yadav S/o Tarkeshwar Yadav Resident of Village- Dharmagatpur,
Police Station -Nainijor District -Buxar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Karnamepur P.S. Case No. 11 of 2026 lodged on
05.02.2026, for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioner
and owner of a tempo. Total recovery of 77.76 litres of illicit
liquor has been made, which is the subject matter of the present
case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
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submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from a tempo. Counsel further submits that the name of
the petitioner has come in this case only on the basis of
disclosure made by the apprehended accused persons who have
inimical terms with the petitioner. He further submits that the
petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on bail, in the event
of arrest or surrender before the Trial Court within a period of 4
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of
the B.N.S.S., 2023 to the satisfaction of Exclusive Special
Excise Court No.2, Bhojpur, Ara, in connection with
Karnamepur P.S. Case No. 11 of 2026, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
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bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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