Patna High Court
Ajay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner, subject to prescribed conditions.
Summary
The petitioner, Ajay Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 126 litres of liquor recovered from a motorcycle. He claimed false implication, noting that no liquor was found in his conscious possession and he had no link to the vehicle, while the State opposed bail. The court noted his 17 prior criminal antecedents and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, but also considered the period of custody already served. Weighing these factors, the court decided to grant bail, subject to a bond of Rs. 15,000 with two sureties and several conditions regarding appearance, non‑tampering, and territorial restrictions. The order directed release after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite his criminal antecedents
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail
- Whether the petitioner’s alleged non‑involvement with the recovered liquor and the vehicle justifies bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86415 of 2025
Arising Out of PS. Case No.-55 Year-2025 Thana- PHULWARIYA District- Gopalganj
======================================================
Ajay Yadav 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 : Mr. Deepankar Raj, Advocate
For the Opposite Party : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Phulwariya P.S. Case No. 55 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 126 litres
of liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
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question or with the alleged recovery of liquor. The other co-
accused person has already been granted bail by this court vide
order dated 24.06.2025 passed in Cr. Misc. No. 38703/2025.
The petitioner is in custody since 24.09.2025 and has 17
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also 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/- ( Rupees 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. 55 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
consecutive dates, the Trial Court will have liberty to cancel the
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bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(IV) Petitioner shall not leave the territorial
jurisdiction of the learned court below without taking prior
permission of the court concerned.
(V) If the petitioner is found involved in the similar
nature of offence in future, the prosecution will be at liberty to
move for cancellation of bail.
(Rudra Prakash Mishra, J)
atul/-
U T
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