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Patna High Court

Kishan Yadav @ Kisan YadawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted.

Summary

Kishan Yadav was arrested in connection with the alleged recovery of 17.640 litres of liquor from a sugarcane field adjacent to his house, under Section 30(a) of the Bihar Excise Act. The petitioner argued that the liquor was not found in his possession, he was not arrested on the spot, and the complaint was filed by a hostile chowkidar, casting doubt on the prosecution's case. He also disclosed an antecedent of three cases, two of which are under the Excise Act, and has been in custody since 29‑04‑2026. The State opposed bail. Considering the lack of direct possession, the circumstances of the complaint, and the period of custody, the court ordered his release on bail upon furnishing a bond of Rs. 5,000 with two sureties. The bail order was directed to be recorded before the trial court handling the case.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act given the facts of non‑possession, hostile complainant, and prior record.

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • Section 30(a)
  • Bihar Excise Act
  • criminal procedure
  • prior record
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44972 of 2026
                    Arising Out of PS. Case No.-18 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Kishan Yadav @ Kisan Yadaw S/O Ramchandra Yadav R/O Village-
                 Shitalbardaha, P.S- Kuchaikote, Distt.- Gopalganj, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aman Kumar
                 For the Opposite Party/s :       Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases out of which two cases

                   are under the Excise Act and is in custody since 29-4-2026 and

                   allegation is of recovery of 17.640 litres of liquor from a

                   sugarcane field behind the house of the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner
              Patna High Court CR. MISC. No.44972 of 2026(2) dt.03-07-2026
                                                          2/2




                        but then is adjacent to his house and he came to be implicated

                        at the instance of Chowkidar with whom he is on an inimical

                        term. It is next submitted that if Chowkidar was aware about

                        the involvement of the petitioner in the occurrence, then why he

                        did not inform the police prior to institution of the instant FIR,

                        which casts an aspersion on the case of the prosecution.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner and taking into consideration the

                        period of custody, let the petitioner, above named, be released

                        on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Kuchaikote P.S.

                        Case No. 18 of 2026.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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