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Patna High Court

Ajay yadav @ Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Ajay Yadav, was arrested in connection with a case (PS No. 97 of 2025) for allegedly possessing 54 litres of liquor recovered from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the motorcycle, no incriminating material was found in his possession, and that his name was implicated based on local disclosures. The State opposed bail, citing the petitioner’s seventeen prior criminal convictions. The court considered the lack of direct evidence, the petitioner’s custody period since 26‑08‑2025, and the non‑compliance with Section 103 of the B.N.S.S., 2023, and 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 the requirement that the petitioner appear at every trial date, with bail cancellable after two consecutive defaults.

Issues considered

  • What is the appropriate bail disposition for a petitioner with multiple prior convictions accused under Section 30(a) of the Bihar Prohibition and Excise Act?
  • Does the non‑compliance with Section 103 of the B.N.S.S., 2023, preclude the grant of bail?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 103
  • antecedents
  • surety
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83856 of 2025
                    Arising Out of PS. Case No.-97 Year-2025 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
                 Ajay yadav @ Ajay Kumar Son of Late Garaju 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 Phulwariya P.S. case

                   No. 97 of 2025 instituted for the offences under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 54 liters liquor

                   was recovered from motorcycle.

                               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

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

                   further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.83856 of 2025(3) dt.19-01-2026
                                            2/3




          on the basis of disclosure made by local people. The petitioner

          is not the owner of the motorcycle in question. The petitioner is

          in custody since 26.08.2025 and has got seventeen criminal

          antecedent. 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, hence, he may be

          released on 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 Phulwariya P.S. case No. 97 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.83856 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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