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Patna High Court

Ajay yadayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to monetary and personal surety conditions and strict appearance requirements.

Summary

The petitioner, Ajay Yadav, was arrested in Bhore police station case No. 403 of 2025 for alleged possession of 18 litres of liquor, charged under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was not in his conscious possession, the motorcycle from which it was recovered did not belong to him, and that no incriminating material linked him to the offence. The State opposed bail, highlighting the petitioner’s seventeen prior criminal convictions and arguing that he was not a fit person to be released. The court examined the lack of material evidence, the non‑compliance of Section 103 of the B.N.S.S., and the petitioner’s antecedents, and ultimately decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance in court, with the possibility of cancellation after two consecutive defaults.

Issues considered

  • Whether bail should be granted to the petitioner despite his extensive criminal antecedents.
  • Whether the requirements of Section 103 of the Bharatiya Nyaya Sanhita, 2023 have been complied with.
  • Whether the petitioner is likely to flee or tamper with evidence given the circumstances of the arrest.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • possession of liquor
  • antecedents
  • Section 317
  • Section 30
  • Section 103
  • high court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83690 of 2025
                       Arising Out of PS. Case No.-403 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Ajay yaday Son of Late Garaju yadav @ Garju Yadav Resident Of Village-
                 Madarwani, Ps- Phulwariya, Dist- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Deepankar Raj, Advocate
                 For the Opposite Party/s :        Mr.Yogendra Kumar Singh, 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. Perused the case diary.

                               2. The petitioner seeks bail in Bhore P.S. case No. 403

                   of 2025 instituted for the offences under Section 317(5) of

                   Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 18 liters liquor

                   was recovered from motorcycle and the petitioner was arrested

                   on spot.

                               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
Patna High Court CR. MISC. No.83690 of 2025(3) dt.19-01-2026
                                            2/3




          has got no concern with the alleged recovery of liquor. It is

          further submitted that the motorcycle in question does not

          belong to the petitioner.           The petitioner is in custody since

          09.08.2025 and has got seventeen criminal antecedents. There is

          no compliance of Section 103 of B.N.S.S., 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. The

          petitioner has seventeen criminal antecedents and thus does not

          deserve bail.

                       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/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Bhore P.S. case No. 403 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
           Patna High Court CR. MISC. No.83690 of 2025(3) dt.19-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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