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Patna High Court

Bharat YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted in view of the absence of incriminating possession, the petitioner’s clean record, and the procedural lapse.

Summary

The petitioner, Bharat Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 100 litres of liquor recovered from a public area. He contended that he was falsely implicated, that no liquor was found in his personal possession, and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail application. Considering the lack of direct possession, the petitioner’s clean criminal record, the short period of custody, and the procedural lapse, the Court decided to grant bail. The bail was set at a bond of Rs. 15,000 with two sureties of the same amount, subject to the satisfaction of the lower court.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was not found in his possession.
  • Whether the failure to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • false implication
  • possession
  • procedural lapse
  • criminal antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7678 of 2026
                     Arising Out of PS. Case No.-113 Year-2025 Thana- SALAIYA District- Aurangabad
                 ======================================================
                 Bharat Yadav S/O Late Sahdeo Yadav R/O Vill.- 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 :       Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                  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. 113 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 100 litres

                   of liquor has been recovered near bushes.

                               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.7678 of 2026(2) dt.10-02-2026
                                                       2/2




                     liquor. The petitioner is in custody since 10.12.2025 and has no

                     criminal antecedent. 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. 113 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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