Patna High Court
Ajay yadayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5)
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
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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
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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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