Patna High Court
Raja Ram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail must be granted to the petitioners due to the doubtful nature of the allegations, their clean antecedent, and the absence of direct evidence of possession.
Summary
The petitioners, a co‑driver and a conductor of a bus, were arrested in connection with a seizure of 120 litres of illicit spirit and charged under Sections 34, 36, 30 and 38 of the Bihar Prohibition & Excise Act, 2016. They claimed they were unaware that the consignment contained liquor, believing it to contain auto parts destined for a third party, and asserted that no incriminating material was found in their conscious possession. The State opposed bail, while the petitioners highlighted their clean antecedent and the doubtful nature of the allegations. The court considered the facts, the lack of direct evidence against them, and the length of their custody since 11‑05‑2026. Accordingly, the court ordered their release on bail with a bond of Rs.10,000 each, subject to conditions under Section 480(3) of the BNSS and additional safeguards. The bail order was conditioned on sureties, attendance in court, and cancellation provisions for non‑compliance.
Issues considered
- Whether bail should be granted to the accused under Sections 34, 36, 30 and 38 of the Bihar Prohibition & Excise Act, 2016 given the circumstances of the case.
- Whether the alleged lack of conscious possession and the petitioners' claim of ignorance of the illicit spirit negate the necessity for continued detention.
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30, 34, 36, 38
Subjects
- bail
- prohibition and excise
- illicit liquor
- clean antecedent
- bus seizure
- co‑driver
- conductor
- Section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42176 of 2026
Arising Out of PS. Case No.-155 Year-2026 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
1. Raja Ram Yadav S/o Shri Lakhan Prasad Yadav R/o Village - Raghunathpur,
P.S - Sahabpur, District – Begusarai.
2. Sudhir Singh S/o Late Baidyanath Singh @ Baijnath Singh R/o Village -
Pansalla, P.S - Mufassil, District – Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Mohan Murari, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Darbhanga Sadar P.S. Case No. 155 of 2026
registered for the alleged offences under Sections 34, 36, 30 and
38 of the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, the police received
information about a bus travelling between Ranchi to
Darbhanga loaded with illicit spirit. On search of the bus,
recovery of 120 liters of spirit was made and the petitioners are
stated to be co-driver and conductor, respectively, of the said
bus.
Patna High Court CR. MISC. No.42176 of 2026(2) dt.01-07-2026
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04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. Nothing incriminating has been recovered from the
conscious possession of the petitioners. Learned counsel further
submits that the petitioners loaded the consignment as they were
told the consignment contained auto parts and it was supposed
to be handed over to one Jitendra Pandit who was the intended
recipient of it. Learned counsel further submits that the
petitioners had no knowledge of the article kept in the
consignment, and they did not try to escape when the police
party came to the spot and stopped the bus. The petitioners are
having clean antecedent and they are in custody since
11.05.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
doubtful nature of allegation against the petitioners and further
considering the period of custody of the petitioners and their
clean antecedent along with submission of charge-sheet, the
petitioners above named are directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
Patna High Court CR. MISC. No.42176 of 2026(2) dt.01-07-2026
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two sureties of the like amount each to the satisfaction of
learned Exlusive Special Judge, Excise Court-I,
Darbhanga/court concerned in connection with Darbhanga
Sadar P.S. Case No. 155 of 2026, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U
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