Patna High Court
Mohan Yadav @ Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that the circumstances did not justify continued detention.
Summary
Mohan Yadav was arrested in connection with a case alleging possession of 90 litres of liquor recovered from a motorcycle, charged under Section 30(a) of the Bihar Prohibition and Excise Act and Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was merely a passer‑by, not the owner of the motorcycle, and that no incriminating material was found in his possession; he also argued that the police had not complied with Section 103 of the BNSS. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. After considering the facts, the court found insufficient grounds to keep the petitioner in custody and decided to grant bail. The court ordered his release on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- What is the appropriateness of granting bail to the accused under Section 30(a) of the Bihar Prohibition and Excise Act and Section 303(2) of the Bharatiya Nyaya Sanhita, 2023?
- Whether the non‑compliance of Section 103 of the BNSS, 2023, by the investigating agency warrants bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 303(2)
Subjects
- bail
- prohibition act
- excise
- Bharatiya Nyaya Sanhita
- Section 103
- liquor possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4597 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- CHANAN District- Lakhisarai
======================================================
Mohan Yadav @ Mohan Kumar S/O Prasidh yadav R/O Vill.- Pacham, P.s.-
Kiul, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Bilochan, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Chanan PS Case No. 156 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act &
303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 90 liters
liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.4597 of 2026(2) dt.27-01-2026
2/2
that petitioner is not the owner of the motorcycle in question
and merely because petitioner was passerby, he has been
implicated on extraneous consideration by the police party. The
petitioner is in custody since 08.12.2025 and has got one
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Chanan PS Case No.
156 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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