Patna High Court
GOVIND YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs. 10,000, two sureties, and conditions prescribed under Section 480(3) of the BNSS and additional court‑imposed terms.
Summary
The petitioner, Govind Yadav, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged manufacturing of illicit liquor after a police raid recovered 350 litres of country-made liquor. The petitioner argued that he was not apprehended at the spot, no incriminating material was found in his possession, and the police failed to comply with Section 105 of the Bihar Negotiable Security Act regarding search and seizure. He also cited a prior similar case for which he was already on bail and had been in custody since 19 May 2026. The State opposed the bail application. Considering the lack of direct evidence against the petitioner, the non‑apprehension, and the length of his custody, the court ordered his release on bail with a bond of Rs. 10,000, two sureties, and conditions under Section 480(3) of the BNSS and additional court‑imposed requirements. The bail was granted subject to compliance with these conditions.
Issues considered
- What is the appropriate exercise of judicial discretion in granting bail to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act when no material is recovered from his possession?
- Does the alleged non‑compliance with Section 105 of the Bihar Negotiable Security Act affect the bail decision?
Legislation cited
- Bihar Negotiable Security Act — s. 105, 480
- Bihar Prohibition and Excise Act — s. 30
Subjects
- bail
- illicit liquor
- prohibition act
- search and seizure
- Section 105
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44101 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- SALAIYA District- Aurangabad
======================================================
Govind Yadav S/o Chandradeo Yadav R/o vill - Gajraj Bigha, P.S.- Salaiya,
Distt.- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Magan Kumar, Advocate
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and
learned APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Salaiya P.S. Case No. 20 of 2025 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, police received
information about manufacturing of illicit liquor on Chalho Hill.
A raid was conducted and some persons fled away seeing the
police party and recovery of 350 litres of country made liquor
was made from the spot. From the shepherd and local people,
the name of the petitioner and other co-accused persons came up
for being involved in the manufacturing of illicit liquor and
Patna High Court CR. MISC. No.44101 of 2026(2) dt.08-07-2026
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selling.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner, who was not apprehended from
the spot. No one saw the petitioner running away from the spot.
There is non-compliance of Section 105 BNSS about search and
seizure. The petitioner is having antecedent of one case of
similar nature in which he is on bail and he is in custody since
19.05.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the spot and
no recovery has been shown from his conscious possession and
also further considering the period of custody of the petitioner,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
District & Additional Sessions Judge -cum- Exclusive Special
Judge, Excise Court No. 1, Aurangabad/concerned Court in
Patna High Court CR. MISC. No.44101 of 2026(2) dt.08-07-2026
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connection with Salaiya P.S. Case No. 20 of 2025, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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