Patna High Court
Parmatma YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Parmatma Yadav, was arrested in connection with the alleged recovery of 42.75 litres of liquor from a khalihan near his house, an offence punishable under Section 30(a) of the Excise Act. He has a prior case under the same Act and has been in custody since 1 May 2026. The petitioner argued that he was not arrested at the spot, that no liquor was found in his conscious possession, and that the alleged recovery took place on land that does not belong to him, implicating a watchman with whom he has an inimical relationship. The State opposed the bail application. After considering the submissions, the Court ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs 5,000 with two sureties of the same amount, pending trial. The bail application was allowed.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Excise Act given the circumstances of alleged recovery, lack of possession, and the petitioner’s antecedent case.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- liquor
- criminal procedure
- possession
- arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46461 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- BELCHHI District- Patna
======================================================
Parmatma Yadav, S/o Nageshwar Yadav R/o Village - Mogal Chak, P.S -
Belchhi, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan Ray
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and is in custody since 01.05.2026 and allegation is of recovery
of 42.750 litres of liquor from khalihan near the house of the
petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the
petitioner, but then is adjacent to his house and he came to be
Patna High Court CR. MISC. No.46461 of 2026(2) dt.10-07-2026
2/2
implicated at the instance of Chaukidar with whom he is on an
inimical term.
5. Learned A.P.P. Rabindra Kumar opposes the bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum 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 Belchhi P. S. Case No.25 of 2026.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
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