Patna High Court
Arvind Yadav @ Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to the conditions specified.
Summary
The petitioner, Arvind Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 75 litres of illicit liquor from a motorcycle he owned. He contended that he was falsely implicated, arguing that no contraband was found in his personal possession and that he was being targeted because he is the vehicle’s owner and has prior similar convictions. The prosecution opposed bail, citing the seriousness of the offence and his criminal antecedents. The High Court, noting that the petitioner had been in custody since 29 September 2025 and that the seized liquor was not in his direct control, granted bail on a bond of Rs 10,000 with two sureties, imposing several conditions including regular reporting to the Superintendent of Police. The order also stipulated that any violation of the conditions or involvement in similar offences could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the nature of the offence and his prior criminal record
- Whether ownership of the vehicle from which liquor was seized justifies continued detention
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedent
- surety
- high court
- custody
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84966 of 2025
Arising Out of PS. Case No.-54 Year-2025 Thana- NARALI KALA KHURD District-
Aurangabad
======================================================
Arvind Yadav @ Arvind Kumar Son of Late Chalitra Yadav Resident of
Village- Shobhe Khap, P.S.- Narari Kala Khurd, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 At the outset, learned counsel for the petitioner
submits that she may be permitted to correct the date as
mentioned in paragraph no. 4 of the bail application.
2. Permission is accorded.
3. Heard the learned counsel for the petitioner and
learned APP for the State.
4. Petitioner, who is in custody, seeks bail in
connection with Narari Kala Khurd P.S. Case No. 54 of 2025,
G.R. No. 859 of 2025 registered for the offence(s) punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
5. As per the prosecution case, the police during
patrolling intercepted a motorcycle, however, the person
riding the motorcycle managed to escape. On search 75 liters
Patna High Court CR. MISC. No.84966 of 2025(2) dt.06-01-2026
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of country made liquor was recovered from the motorcycle.
6. The learned counsel for the petitioner submits
that the petitioner happens to be the owner of the motorcycle
and he has falsely been implicated in this case only because
he happens to be the owner of the vehicle. He further
submitted that no incriminating article has been recovered
from the conscious possession of the petitioner and he has
been named merely on account of the fact that he carries three
criminal antecedents of similar nature. The learned counsel
lastly submits that the petitioner is in custody since
29.09.2025.
7. The learned A.P.P. has vehemently opposed the
prayer for bail.
8. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 29.09.2025, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court below
where the case is pending/successor court in connection
Narari Kala Khurd P.S. Case No. 54 of 2025, G.R. No. 859 of
2025, subject to the following conditions:-
Patna High Court CR. MISC. No.84966 of 2025(2) dt.06-01-2026
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(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates or
in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage it
is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, Aurangabad within fifteen days of his release with a
copy of this order and every two weeks thereafter for the next
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nine months. The conduct of the petitioner will be kept under
watch in this period by the Superintendent of Police
concerned and if it is found wanting in any respect, a report
shall be made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons of misuse of
bail. After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the court
concerned.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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