Patna High Court

Dharmendra YadavversusThe State of Bihar

Decided: 30 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail may be granted despite the allegations and the non‑compliance with Section 103, subject to bond and conditions.

Summary

The petitioner, Dharmendra Yadav, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 196 litres of liquor from a motorcycle. The prosecution alleged that the liquor was recovered, but the petitioner claimed false implication and no possession of the liquor or connection to the vehicle. The petitioner had been in custody since 23‑12‑2025 and possessed three prior criminal antecedents, and the State argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The court examined the facts, the period of custody, and the lack of incriminating material directly linking the petitioner to the offence. Considering these circumstances, the court decided to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance in court. The bail order was issued by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
Section 30
Section 103
Bihar
criminal procedure

Judgment

                     1IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6295 of 2026
                     Arising Out of PS. Case No.-31 Year-2025 Thana- JAGDISHPUR District- Bhojpur
                 ======================================================
                 Dharmendra Yadav S/o- Ram Dev Yadav Resident of Village- Neur Pokhar
                 P.S- Jagdishpur District- Bhojpur
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akash Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                 Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Jagdishpur P.S. Case No. 31/2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 196 litres

                   of liquor was recovered from motorcycle.

                               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 in no manner connected with the vehicle in

                   question or with the alleged recovery of liquor. The other co-

                   accused person has already been granted bail by this court vide
             Patna High Court CR. MISC. No.6295 of 2026(2) dt.30-01-2026
                                                         2/2


                       order dated 04.12.2025 passed in Cr. Misc. No. 84397/2025.

                       The petitioner is in custody since 23.12.2025 and has three

                       criminal antecedents. 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 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 Jagdishpur P.S. Case

                       No. 31/2025, 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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