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Patna High Court

Raja Ram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                       3/3




                     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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