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Patna High Court

Umesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Umesh Kumar Yadav, a driver, was arrested in connection with a case under the Bihar Prohibition and Excise Act for allegedly transporting 4,224.96 litres of liquor. The prosecution alleged the liquor was seized from the truck, but no incriminating article was found in the petitioner's possession and he claimed he was not the owner and had no knowledge of the goods. The petitioner also argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record, and the procedural lapse, the court granted bail subject to a cash bond and several conditions, including appearance in court and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the driver accused under Sections 30(a), 32(1), 32(2), 41 of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • driver
  • seizure of liquor
  • Section 103
  • conditions of bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8328 of 2026
                 Arising Out of PS. Case No.-3 Year-2026 Thana- SAHEBPUR KAMAL District- Begusarai
                 ======================================================
                 Umesh Kumar Yadav S/O Late Damodar Yadav R/O Village- Mahgay Ward
                 Number- 4, P.S.- Batiya, District- Jamui.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ravish Mishra, Advocate
                 For the Opposite Party/s :     Mrs. Gulnar Begum, 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

                   Sahebpur Kamal (S.Kamal) P.S. Case No. 3 of 2026 instituted

                   for the offences punishable under Sections 30(a), 32(1), 32(2),

                   41 of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 4224.96

                   litres of liquor was recovered from truck.

                               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. Learned counsel further submitted

                   that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.8328 of 2026(2) dt.10-02-2026
                                             2/3




          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 05.01.2026 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 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 Sahebpur Kamal

          (S.Kamal) P.S. Case No. 3 of 2026, subject to the following

          conditions:

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

          close family 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.
           Patna High Court CR. MISC. No.8328 of 2026(2) dt.10-02-2026
                                                       3/3




                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   (IV) The petitioner shall not commit any offence of a

                     similar nature in future.

                                   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)
Alok Verma/-

U      T


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