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
Petitioner Yogendra Yadav was arrested in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act after 170 litres of liquor were recovered from an open area at Chalho hills. The petitioner contended that he was falsely implicated, asserting that no liquor was found in his possession and that the recovery was from a public place. He had been in custody since 23 November 2025 and possessed four prior criminal convictions, while the prosecution argued against bail. The State opposed the bail application, citing the seriousness of the offence. The Court, noting the lack of incriminating material on the petitioner and the procedural lapse under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, granted bail on condition of a Rs.15,000 bond and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was not found in his possession.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with in the bail application.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- procedural compliance
- criminal antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.735 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- SALAIYA District- Aurangabad
======================================================
Yogendra Yadav S/O Yadunandan Yadav R/O Village- 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. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Salaiya
P.S. Case No. 106 of 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 170 litres
of liquor has been recovered from nine gallons at Chalho hills.
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 rather the recovery has been made
from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
Patna High Court CR. MISC. No.735 of 2026(2) dt.19-01-2026
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liquor. The petitioner is in custody since 23.11.2025 and has
four 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 Salaiya P.S. Case
No. 106 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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