Patna High Court
Ram Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, in view of the petitioner’s lack of criminal antecedent, the absence of incriminating material in his possession and the non‑compliance of Section 103, bail should be granted subject to conditions.
Summary
Ram Kumar Yadav was arrested in connection with a case alleging possession of 225 litres of liquor and two Scorpio vehicles, invoking several offences under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, no incriminating article was found on him, he has no prior criminal record, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita. The State opposed bail. Considering the petitioner’s clean antecedents, lack of seized material, and procedural lapses, the court inclined to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and subject to conditions regarding family surety, appearance, non‑tampering with evidence, and non‑repetition of similar offences. The order effectively released the petitioner pending trial.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita precludes the grant of bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 127(2), 132, 274, 275, 317(5), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- false implication
- Section 103
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81760 of 2025
Arising Out of PS. Case No.-354 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Ram Kumar Yadav S/o Late Jaisi Lal Yadav R/o Village - Yogia, P.S -
Ladaniya, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ladaniya P.S. Case No. 354 of 2025 instituted for the offences
punishable under Sections 115(2), 126(2), 127(2), 109, 132,
317(5), 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023
and 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 225 litres
of liquor was recovered from motorcycle. It is further alleged
that there is recovery of two Scorpio vehicles.
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
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possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicles in
question or the alleged recovery of liquor. Learned counsel
further submitted that the injury sustained by the injured is
simple in nature. The petitioner is in custody since 19.10.2025
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 Ladaniya P.S. Case
No. 354 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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