Patna High Court
Gulli Yadav @ Ramesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 47
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
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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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