Patna High Court
Ajay yadav @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
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
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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
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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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