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Patna High Court

Gulli Yadav @ Ramesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the recovery was not from the petitioner’s conscious possession and the evidence did not warrant denial of bail, subject to stipulated conditions.

Summary

Gulli Yadav (Ramesh Yadav) was arrested on 29 May 2026 in connection with an excise case involving the seizure of 200 litres of country-made liquor. The alleged offences were under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that the liquor was recovered from motorcycles, not from his conscious possession, and that his name was implicated only through the statement of a co‑accused, Virendra Kumar. The State opposed bail, highlighting the petitioner’s involvement in sixteen other cases, though most were on bail or acquitted. The court, noting the lack of direct possession and the reliance on co‑accused testimony, granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted when the seized contraband was not found in the petitioner’s conscious possession.
  • Whether the petitioner’s pending criminal antecedent cases justify denial of bail.
  • Whether reliance on a co‑accused’s disclosure is sufficient to sustain continued detention.

Legislation cited

Subjects

  • bail
  • excise
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 47
  • criminal antecedent
  • co‑accused testimony
  • conscious possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43464 of 2026
                  Arising Out of PS. Case No.-164 Year-2025 Thana- EXCISE PAKRIBARAWAN District-
                                                         Nawada
                 ======================================================
                 Gulli Yadav @ Ramesh Yadav Son of Krishna Yadav R/o Village -
                 Guaghoghra, P.S.- Kawakole, District - Nawada.
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :     Mr.Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                    Heard Mr.Pramod Kumar Verma,learned counsel for

                   the petitioner and Mr.Shyam Bihari Singh, learned A.P.P. for

                   the State.

                                2. The petitioner seeks bail, who is in custody since

                   29.05.2026 in connection with Excise Pakribarawan P.S. Case

                   No. 164 of 2025, F.I.R. dated 01.11.2025 registered for the

                   offence punishable         under Sections 30(a) and 47 of Bihar

                   Prohibition and Excise Act, 2016.

                                3. Recovery is of 200 liters of country made liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has falsely been implicated in the

                   present case. It appears from the FIR as well as the seizure list

                   that nothing has been recovered from conscious possession of

                   the petitioner rather the recovery has been made from the
Patna High Court CR. MISC. No.43464 of 2026(2) dt.07-07-2026
                                            2/3




          motorcycles in question. Name of the petitioner has been

          transpired during investigation on the basis of the disclosure

          made by the co-accused person, namely, Virendra Kumar and

          except the aforesaid, nothing has come during investigation

          against the petitioner to suggest the involvement of the

          petitioner in the present occurrence and the petitioner is in

          custody since 29.05.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          sixteen more cases other than the present one but he fairly

          submits that out of sixteen cases, the petitioner is on bail in 14

          cases, in one case, the petitioner has been acquitted and rest one

          case is pending for consideration before the competent court of

          law, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, noting has been

          recovered from conscious possession of the petitioner rather the

          recovery has been made from the motorcycles in question, name

          of the petitioner has been transpired during investigation on the

          basis of the disclosure made by the apprehended co-accused

          person, namely, Virendra Kumar, let the petitioner, above

          named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) with two sureties of the like amount
             Patna High Court CR. MISC. No.43464 of 2026(2) dt.07-07-2026
                                                         3/3




                       each to the satisfaction of learned Exclusive Special Court,

                       Excise-2, Nawada in connection with Excise Pakribarawan P.S.

                       Case No. 164 of 2025, with the following conditions:-

                                    (I) Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the Court

                       and shall remain physically present as directed by the Court and

                       on his/her absence on two consecutive dates without sufficient

                       reason, his/her bail bond shall be cancelled by the Court below.

                                    (II) If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to move

                       for cancellation of bail.

                                    (III) And, further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage, it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.


                                              (Rajesh Kumar Verma, J)
Nitesh/-
U        T


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