Patna High Court

Chhotu Yadav @ Sachit Kumar YadavversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Chhotu Yadav, sought bail in a case (Angarh PS Case No. 90 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 67.125 litres of liquor was seized from a motorcycle. The petitioner argued that he was not the owner of the motorcycle, no liquor was found in his possession, and his implication stemmed solely from a co‑accused’s confessional statement, which he claimed lacked evidentiary value. He also highlighted his clean criminal record and the fact that another co‑accused had already been granted regular bail. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s custody duration, and the circumstances, the Court decided to grant bail, ordering a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the only evidence is a co‑accused’s confessional statement and the accused has no direct possession of the liquor.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
confessional statement
co‑accused
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8718 of 2026
                        Arising Out of PS. Case No.-90 Year-2025 Thana- ANGARH District- Purnia
                 ======================================================
                 Chhotu Yadav @ Sachit Kumar Yadav S/o- Bahadur Yadav @ Bahadur Lal
                 Yadav Resident of Mangalpur P.S-Rauta, Dist- Purnea
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sumit Kumar Bhagat, Advocate
                 For the Opposite Party/s :       Mrs. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Angarh

                   P.S. Case No. 90 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 67.125 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. Learned counsel

                   for the petitioner also submitted that the petitioner was not

                   arrested on spot. Name of the petitioner has transpired in this

                   case on the basis of confessional statement made by co-accused,
             Patna High Court CR. MISC. No.8718 of 2026(2) dt.04-02-2026
                                                         2/2




                       namely, Firdous Alam and the same has got no evidentiary

                       value. It is next submitted that the petitioner is not the owner of

                       the motorcycle in question. The petitioner is in custody since

                       24.12.2025 and has got no criminal antecedent. Learned counsel

                       for the petitioner further submitted that other co-accused has

                       been granted regular bail by this Court vide order dated

                       19.01.2026 passed in Cr. Misc. No. 2302 of 2026. There is no

                       compliance of Section 103 of the Bharatiya Nagarik 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 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 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 Angarh P.S. Case

                       No. 90 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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