Patna High Court
Sunil Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail, holding that the petitioner’s continued detention was not warranted given the lack of direct evidence and the reliance on a confessional statement.
Summary
The petitioner, Sunil Kumar Yadav, was arrested in connection with an alleged recovery of 324 litres of liquor from a bamboo orchard, an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He had a prior case and was in custody since 18-12-2025, but the alleged liquor was not found in his possession and the location was not his property. The prosecution's case relied on a confessional statement made by an apprehended accused in police custody, which the petitioner argued lacked evidentiary value. The State opposed bail, citing the seriousness of the offence. The court, after considering the submissions, held that the circumstances did not justify continued detention and ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 considering the nature of the offence and the evidentiary material.
- Whether the confessional statement of an accused in police custody can be the sole basis for denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- confessional statement
- antecedent
- liquor recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5629 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- FULKAHA District- Araria
======================================================
Sunil Kumar Yadav S/O Shatrughan Yadav R/O Village- Amorori Ward No.
13, P.S- Fulkaha, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 324 litres of liquor from a bamboo orchard. It is
next submitted 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 and is accessible to villagers at large and he came
to be implicated based on confessional statement of
apprehended accused in police custody which does not have any
Patna High Court CR. MISC. No.5629 of 2026(2) dt.30-01-2026
2/2
evidentiary value and the petitioner is in custody since
18.12.2025.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten 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 Fulkaha
P.S. Case No.107/2025.
(Satyavrat Verma, J)
amit/-
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