Patna High Court
Umesh Yadav @ Umesh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail is warranted as the petitioner is not shown to be in possession of or owner of the seized liquor and there is insufficient evidence of his involvement.
Summary
The petitioner, Umesh Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022, alleging that 135 litres of country‑made liquor were recovered from an orchard. He contended that he was falsely implicated, that no liquor was found in his conscious possession, and that he was not the owner of the seized liquor. The State opposed his bail application, arguing that the offence is non‑bailable under the relevant excise law. The Court examined the material on record and noted the absence of any direct link between the petitioner and the seized liquor. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Judge‑II. The order effectively grants bail to the petitioner pending trial.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition & Excise Amendment Act, 2022
- Whether the petitioner’s alleged lack of possession and ownership of the seized liquor negates the charge under Section 30(a)
Legislation cited
Subjects
- bail
- illegal liquor
- prohibition law
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44290 of 2026
Arising Out of PS. Case No.-135 Year-2026 Thana- DHANARUA District- Patna
======================================================
Umesh Yadav @ Umesh Prasad, Gender Male, aged about 30 years, S/O
Suresh Yadav, R/O Nanauri Milkipar, PS- Dhanarua, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bindu Kumari, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition & Excise Amendment Act, 2022.
3. As per allegation in the FIR, total 135 liters of
country made liquor has been recovered from an orchard.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that nothing has been recovered from the conscious
possession of the petitioner nor the petitioner is the owner of the
seized liquor and he has no role about the recovery of the seized
liquor and he is in custody since 29.04.2026.
Patna High Court CR. MISC. No.44290 of 2026(2) dt.08-07-2026
2/2
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid submissions, let the above
named petitioner be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Judge-II, Patna in connection with Dhanarua P.S. Case No. 135
of 2026.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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