Patna High Court
Deonandan Yadav @ Dev Nandan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a cash bond and surety conditions.
Summary
The petitioner, Deonandan Yadav, was arrested in connection with a 2010 case involving the illegal manufacture and possession of desi mahua liquor, charged under Sections 269, 270, 271, 272, 273 of the Indian Penal Code and Section 47(a) of the Excise Act. He had previously been released on bail in 2011, but the bail was cancelled in May 2025 for non‑appearance, leading to a non‑bailable warrant and his custody from 11 October 2025. The petitioner, represented by Advocate Gautam, pleaded that he has no prior criminal record and is willing to cooperate with the trial. The State, represented by APP Anita Kumari, opposed bail. The Court considered the length of custody, the petitioner’s clean record, and his willingness to appear, and decided to grant bail with a bond of Rs. 15,000 and two sureties, subject to conditions regarding family surety and appearance. The bail order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the petitioner in a case involving offences under IPC Sections 269‑273 and Excise Act Section 47(a).
- Whether the petitioner’s prior bail cancellation and non‑appearance affect the grant of bail.
Legislation cited
- Excise Act — s. 47(a)
- Indian Penal Code — s. 269, 270, 271, 272, 273
Subjects
- bail
- Indian Penal Code
- Excise Act
- illegal liquor
- non‑bailable warrant
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5585 of 2026
Arising Out of PS. Case No.-264 Year-2010 Thana- BIHTA District- Patna
======================================================
Deonandan Yadav @ Dev Nandan Yadav S/O Late Laljee Yadav R/V - Pakri,
P.S- Bihta, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam, Advocate
For the Opposite Party/s : Ms. Anita Kumari, 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 Bihta
P.S. Case No. 264 of 2010 instituted for the offence under
Sections 269, 270, 271, 272 & 273 of the Indian Penal Code and
Section 47(a) of the Excise Act.
3. The prosecution case, in brief, is that on
24.09.2010, acting on secret information, police apprehended
two persons fleeing from a hut. On search, illicit desi mahua
liquor (about 400 litres) along with six drums, utensils, a hand
pump and other materials used for manufacture were recovered
and destroyed at the spot.
4. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.5585 of 2026(2) dt.31-01-2026
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that the petitioner is in custody since 11.10.2025. Petitioner
bears no criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. The present one is the misuse of privilege of bail. It
is submitted that petitioner was enlarged on bail by a Co-
ordinate Bench of this Court vide order dated 18.03.2011,
passed in Cr. Misc. No. 5601 of 2011. On 17.05.2025, bail
bonds of the petitioner was cancelled due to non-pairvy.
Thereafter, NBW was issued against the petitioner and he was
arrested on 11.10.2025. Learned counsel for the petitioner lastly
submits that petitioner is ready to fully co-operate in the trial, if
he be released on bail.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and period of custody of the petitioner, this Court is
inclined to grant bail to the petitioner.
8. 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 Bihta P.S. Case No.
264 of 2010, subject to the following conditions:
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(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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