Patna High Court
Umesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32(1), 32(2), 41
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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