Patna High Court

Vijay YadavversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner subject to standard conditions.

Summary

The petitioner, Vijay Yadav, was arrested on 09-12-2025 for alleged possession of 39.93 litres of liquor recovered from a hut, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence and asserting that no incriminating material was found in his conscious possession and that he had no connection to the hut. The State opposed the bail, highlighting the seriousness of the offence and the petitioner’s three prior criminal antecedents, while noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court considered the length of custody, the lack of direct evidence against the petitioner, and the statutory provisions, and decided to grant bail. Bail was conditioned on a bond of Rs. 15,000 with two sureties, appearance at all trial dates, and a prohibition on tampering with evidence or influencing witnesses.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and the petitioner’s antecedents
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7719 of 2026
                     Arising Out of PS. Case No.-454 Year-2025 Thana- RANIYATALAB District- Patna
                 ======================================================
                 Vijay Yadav son of Late Muneshwar Yadav Resident of village- Ekbalganj,
                 Nisarpura, Ps- Ranitalab, Dist- Patna
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Mickey Singh, Advocate
                 For the Opposite Party/s :       Mr.Shantanu Kumar, A.P.P.
                 ======================================================
                 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

                   Ranitalab P.S. Case No. 454 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 39.930

                   liters liquor was recovered from hut. Petitioner was arrested on

                   the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner
Patna High Court CR. MISC. No.7719 of 2026(2) dt.10-02-2026
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          has no concern with the hut situated near the sand ghat from

          which the alleged liquor is said to be recovered. The alleged hut

          is situated in an open place. The petitioner is in custody since

          09.12.2025 and has got three criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarik 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 and 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 Ranitalab P.S. Case

          No. 454 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the
           Patna High Court CR. MISC. No.7719 of 2026(2) dt.10-02-2026
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                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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