Patna High Court

Durgesh YadavversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner subject to a bond of Rs.15,000, two sureties, and conditions of appearance and family surety.

Summary

Durgesh Yadav applied for bail in a case (PS Case No. 563 of 2025) alleging offences under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, where 126 litres of liquor were seized from two motorcycles. The petitioner contended that he was not the owner of the motorcycles, had no possession of the liquor, and was falsely implicated, despite having four prior criminal antecedents and no compliance with Section 103 of the BNSS. The State opposed bail. Considering the facts, the period of custody already served, and the lack of incriminating material in the petitioner's possession, the Court inclined to grant bail. The Court ordered release on a bail bond of Rs.15,000 with two sureties, imposing conditions that one bailor be a close family member and that the petitioner appear at every trial date, with cancellation possible after two consecutive defaults. The bail order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the petitioner despite prior criminal antecedents and non‑compliance with Section 103 of the Bharatiya Nyaya Sanhita, 2023.
Whether the petitioner’s alleged lack of ownership and possession of the seized liquor negates the necessity for continued detention.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5)

Subjects

bail
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Section 103
criminal antecedents
liquor seizure
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5429 of 2026
                       Arising Out of PS. Case No.-563 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Durgesh Yadav S/o Ramashish Yadav Resident of village- Tiwari Chakiya,
                 PS- Bhore, Distt- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dharmveer, Advocate
                 For the Opposite Party/s :        Ms. Meena Singh, 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 Bhorey

                   PS Case No. 563 of 2025 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act and

                   Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in short, is that 126 liters

                   liquor was recovered from two motorcycles.

                           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.5429 of 2026(2) dt.31-01-2026
                                                       2/2




                     that petitioner is not the owner of the motorcycle and he has no

                     concern with the same. The petitioner is in custody since

                     07.12.2025 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 Bhorey PS Case No.

                     563 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

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