Patna High Court
Yogendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Yogendra Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 120 litres of liquor recovered from a motorcycle and a bush. He claimed innocence, arguing that no incriminating material was found in his possession, that the recovery was from an open place, and that he had no link to the motorcycle. The State opposed bail, noting the petitioner’s four prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023. After considering the facts, the court found the circumstances sufficient to grant bail. The petitioner was released on a bail bond of Rs.15,000 with two sureties, subject to conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, the period of custody, prior criminal antecedents, and non‑compliance with Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5391 of 2026
Arising Out of PS. Case No.-103 Year-2025 Thana- SALAIYA District- Aurangabad
======================================================
Yogendra Yadav S/O Yadunandan Yadav R/O Vill.-Sonarchak, P.S.-
Salaiya,Dist- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Salaiya
PS Case No. 103 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 120 liters
liquor was recovered from motorcycle and bush.
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. Petitioner has no
concern with the motorcycle in question. It is submitted that
Patna High Court CR. MISC. No.5391 of 2026(2) dt.31-01-2026
2/2
recovery is from an open place, which is accessible to one and
all. The petitioner is in custody since 09.12.2025 and has got
four 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 Salaiya PS Case No.
103 of 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)
Raj Kishore/-
U T
Checking your session…