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Patna High Court

Suresh Kumar Yadav @ Suresh Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to bond, charitable donation and periodic police‑station attendance conditions.

Summary

The petitioner, Suresh Kumar Yadav, was arrested for alleged involvement in the recovery of 261 litres of illicit liquor, charged under Sections 30(a), 32(3), 41(1)(2) and 56(c) of the Bihar Prohibition and Excise Act. He applied for bail, asserting his innocence and offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail application. After considering the facts, the petitioner’s custody since 30‑05‑2026, and the conditions proposed, the Court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, the charitable donation, and a requirement to attend the Daudpur Police Station on the first and third Sundays of each month. The order is confined to the bail application and does not prejudice the merits of the trial, with bail liable to cancellation for non‑appearance.

Issues considered

  • Whether bail should be granted to the petitioner in the excise case under the Bihar Prohibition and Excise Act
  • Whether the conditions imposed for bail are appropriate

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42402 of 2026
                        Arising Out of PS. Case No.-122 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Suresh Kumar Yadav @ Suresh Prasad Yadav Son of Kailash Yadav Resident
                 of Village- Gobarahi ward no. 15, P.S.- Daudpur, Dist.- Saran at Chapra

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Chandra Mohan Jha, Advocate
                 For the State             :        Mr.Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Sadar

                   Excise P.S. Case No. 122 of 2026 registered for the offence

                   punishable under Sections 30(a), 32(3), 41(1)(2) and 56(c) of

                   the Bihar Prohibition and Excise Act.

                                 3. As per the prosecution case, there is recovery of

                   261 litres of illicit liquor.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   30.05.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.42402 of 2026(2) dt.29-06-2026
                                            2/3




          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No. 3, Saran at Chapra/concerned Court

          below in connection with Sadar Excise P.S. Case No. 122 of

          2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashrama, Latu Maharaj Path , Opp.

          Circuit House, Chapra and produce the receipt of the same

          before the Court below. The bail bonds of the petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Daudpur Police Station, District- Saran at Chapra on first and

          third Sunday of each month. Any default in appearance at the
           Patna High Court CR. MISC. No.42402 of 2026(2) dt.29-06-2026
                                                       3/3




                     police station will result in cancellation of bail bonds of the

                     petitioner.

                                   10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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