Patna High Court
Ajeet YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(c)
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
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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
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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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