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Patna High Court

Deepak Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a cash bond and conditions of appearance.

Summary

The petitioner, Deepak Kumar Yadav, a driver, was arrested in connection with the seizure of 501.150 litres of liquor from a truck, alleged to be offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act and Section 317(5) of the B.N.S. The prosecution argued that the liquor was recovered from the vehicle, but the petitioner claimed he had no knowledge of the goods, was not the owner, and no incriminating article was found in his possession. He had been in custody since 12‑12‑2025, had no prior criminal record, and the State had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The learned counsel for the petitioner contended that the case was false and that bail was appropriate. The Court, after considering the lack of direct evidence against the petitioner and the procedural lapse, granted bail subject to a bond of Rs.15,000 with two sureties and conditions of appearance. The bail order also stipulated cancellation of the bond upon default on two consecutive court dates.

Issues considered

  • Whether the petitioner, as a driver without ownership or knowledge of the contraband, is entitled to bail under the applicable statutes.
  • Whether the State’s failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants the grant of bail.
  • Whether the nature of the alleged offences under the Bihar Prohibition and Excise Act and B.N.S. justifies denial of bail.

Legislation cited

Subjects

  • bail
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • B.N.S.
  • Bharatiya Nagarika Suraksha Sanhita
  • driver liability
  • Section 103
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5251 of 2026
                      Arising Out of PS. Case No.-679 Year-2025 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Deepak Kumar Yadav Son of Laddu Rai Resident of Sakin - Prithvipur
                 (Pirthamipur), P.S.- Panapur, District - Chhapra (Saran) Muzaffarpur
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Kateya

                   P.S. Case No. 679/2025 instituted for the offences punishable

                   under Sections 30(a) and 41(1) of the Bihar Prohibition and

                   Excise Act and Section 317(5) of the B.N.S.

                               3. The prosecution case, in short, is that total 501.150

                   litres of liquor was recovered from truck.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further

                   submitted that petitioner is the driver of the vehicle in question

                   but he had no knowledge regarding the goods loaded in the
             Patna High Court CR. MISC. No.5251 of 2026(2) dt.29-01-2026
                                                          2/2


                       vehicle. The petitioner is in custody since 12.12.2025 and has

                       no criminal antecedent. There is no compliance of Section 103

                       of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP 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 as also 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, after framing

                       of charge, if not already framed, on furnishing bail bonds of

                       Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

                       the    like     amount      each      to   the      satisfaction   of   Court

                       below/concerned Court in connection with Kateya P.S. Case No.

                       679/2025, subject to the following conditions:-

                                     (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                     (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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