Patna High Court
Rajendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Rajendra Yadav, was arrested as the driver of a motorcycle from which 60 litres of illicit country-made liquor was seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no knowledge of the contraband, was not the vehicle’s owner, and that no incriminating article was found in his possession. The petitioner also highlighted his clean record and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, considering the circumstances and the petitioner’s custody period, decided to grant bail. He was released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused driver in a case under Section 30(a) of the Bihar Prohibition and Excise Act when he claims lack of knowledge and possession of the contraband
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- false implication
- possession
- driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4216 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Rajendra Yadav S/o- Hari Yadav Village- Jagandih PS- Pratappur, Dist-
Chatra Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate
For the Opposite Party/s : Mrs. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Imamganj P.S. Case No. 330 of 2025 instituted for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 60 litres
of illicit country-made liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.4216 of 2026(2) dt.27-01-2026
2/2
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 02.12.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Imamganj P.S. Case
No. 330 of 2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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