Patna High Court

Uday Yadav @ Rajesh KumarversusThe State of Bihar

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

Holding

The Court granted bail to the petitioner subject to monetary and procedural conditions.

Summary

Uday Yadav was arrested in connection with a case alleging possession of 550 litres of illicit country-made liquor, violating Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no incriminating material was found in his possession and that his name was merely reported by a local chowkidar. He had been in custody since 15 November 2025 and possessed four prior criminal records, with the prosecution also noting non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the High Court, after considering the facts and the period of custody, decided to grant bail. The court ordered release on a bond of Rs. 15,000 with two sureties, imposing conditions on appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

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

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7897 of 2026
                       Arising Out of PS. Case No.-358 Year-2025 Thana- OBRA District- Aurangabad
                 ======================================================
                 Uday Yadav @ Rajesh Kumar Son of Ramjeet Yadav R/o Village - Mahadeva,
                 P.S. - Obra, District - Aurangabad, Bihar.
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rupa Kumari, Advocate
                 For the Opposite Party/s :        Mr.Narsingh Tanti, 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 Obra

                   P.S. Case No. 358 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 550

                   liters of country made liquor was recovered from Bhatti situated

                   near sone river diyara area.

                                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. Learned counsel

                   for the petitioner further submitted that the recovery has been
Patna High Court CR. MISC. No.7897 of 2026(2) dt.10-02-2026
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          made from open place, which is accessible to public at large.

          The name of the petitioner has been disclosed by the local

          Chowkidar. The petitioner is in custody since 15.11.2025 and

          has got four 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, after framing

          of charge, if not already framed, 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 Obra P.S. Case No. 358 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.7897 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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