Patna High Court
Ramesh Yadav @ Ramesh Kumar @ Baul Yadav @ Baul @ Ramesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing release upon furnishing a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Ramesh Yadav, was charged under Section 30(a) of the Bihar Excise Act for allegedly recovering 67.5 litres of liquor from a public place. He has five prior cases, four of which are also under the Excise Act, and has been in custody since 9‑January‑2026. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the case is based solely on confessional statements of co‑accused Binay and Suraj made while in police custody, which he contended lack evidentiary value. The State opposed the bail application. The court, after considering these submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, noting the lack of direct possession and the questionable reliability of the confessional statements.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Excise Act when the alleged contraband was not recovered from his possession.
- Whether confessional statements made by co‑accused in police custody can form the basis for continued detention.
- Whether the petitioner’s prior criminal record under the Excise Act warrants denial of bail.
Subjects
- bail
- excise law
- Section 30(a)
- confessional statements
- police custody
- possession
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7913 of 2026
Arising Out of PS. Case No.-547 Year-2025 Thana- ARA NAGAR District- Bhojpur
======================================================
Ramesh Yadav @ Ramesh Kumar @ Baul Yadav @ Baul @ Ramesh Kumar
Yadav Son of Lali Yadav Resident of Village- Tari Mohalla (Gola Mohalla),
P.S.- Ara Town, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kahkashan Alam, Advocate
Mr. Sristi Kumari, Advocate
For the Opposite Party/s : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-02-2026 1. Heard learned counsel for the petitioner, Ms. Sristi
Kumari and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 67.5
litres of liquor from a sack.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.7913 of 2026(2) dt.06-02-2026
2/2
and is accessible to public at large and he came to be implicated
based on confessional statement of Binay and Suraj in police
custody which does not have any evidentiary value. It is further
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation. It is
also submitted that petitioner is in custody since 9-1-2026.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Ara Town P.S. Case
No. 547 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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