Patna High Court
Suresh Kumar Yadav @ Suresh Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3), 41(1)(2), 56(c)
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
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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
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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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