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Patna High Court

Ajeet YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioners subject to specified monetary and attendance conditions.

Summary

The petitioners, Ajeet Yadav and Indal Yadav, were arrested in connection with a case involving the recovery of five litres of illicit liquor and related manufacturing materials, alleged under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2022. They claimed innocence and offered to donate Rs. 25,000 each to a charitable organization, while the State opposed their bail. The High Court considered the facts, the petitioners' custody since 18 May 2026, and the submissions of counsel. The Court granted bail, requiring each petitioner to furnish a Rs. 10,000 bond with two sureties, deposit Rs. 25,000 in Ramakrishna Math and produce the receipt, and appear at the police station every Sunday. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether the conditions imposed by the Court are appropriate for the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • excise
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42467 of 2026
                       Arising Out of PS. Case No.-205 Year-2026 Thana- Excise P.S. District- Saharsa
                 ======================================================
           1.     Ajeet Yadav Son of Late Mahendra Prasad Yadav @ Mahendra Yadav
                  Resident of Vill-Sakra Paharpur,Ward NO O7,P.S-Balwahat, Dist- Saharsa
           2.    Indal Yadav @ Indal Kumar son of Jaijay yadav Resident of Vill-Sakra
                 Paharpur,Ward NO O7,P.S-Balwahat, Dist- Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Pankaj Kumar Singh, Advocate
                 For the State             :        Ms.Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-07-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners seek bail in connection with

                   Prohibition P.S. Saharsa (Excise) Case No. 205 of 2026

                   registered for the offence punishable under Sections 30(a) and

                   30(c) of the Bihar Prohibition and Excise Amendment Act,

                   2022.

                                 3. As per the prosecution case, there is recovery of 5

                   litres of illicit liquor along with materials for manufacture of

                   illicit liquor.

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

                   petitioners that the petitioners are innocent and have falsely
Patna High Court CR. MISC. No.42467 of 2026(2) dt.02-07-2026
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          been implicated in this case. The petitioners are in custody since

          18.05.2026.

                       5. Learned counsel for the petitioners submits that the

          petitioners are ready to donate Rs. 25,000/- each in some

          charitable organization without accepting their guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioners.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioners, let the

          petitioners, above named, be released on bail upon furnishing

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

          of the like amount each to the satisfaction of the learned

          Exclusive Special Judge (Excise)- I, Saharsa/concerned Court

          below in connection with Prohibition P.S. Saharsa (Excise) Case

          No. 205 of 2026.

                       8. This is also subject to the condition that the

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

          Ramakrishna Math, Bhatta Bazar, Purnea, Bihar and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioners shall be accepted after verifying the

          genuineness of the receipt produced by the petitioners.

                       9. As a condition of this order, the petitioners after
           Patna High Court CR. MISC. No.42467 of 2026(2) dt.02-07-2026
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                     being released on bail are directed to mark their attendance at

                     Balwahat Police Station, District- Saharsa on every Sunday of

                     the month. Any default in appearance at the police station will

                     result in cancellation of bail bonds of the petitioners.

                                  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 petitioners 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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