Patna High Court
Udan Yadav @ Arun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
Udan Yadav was arrested in connection with a case alleging that 108 litres of liquor were recovered from two motorcycles, charging him under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no prior criminal record. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence against the petitioner and the procedural lapse, the Court decided to grant bail, requiring a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material in his possession
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- false implication
- Section 30
- Section 103
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87746 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- PHULWARIYA District- Gopalganj
======================================================
Udan Yadav @ Arun Yadav Son of Ramasish Yadav @ Ramaashish Yadav
Resident of Village - Harpur, P.S.- Mirganj, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Pratap, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 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. 26 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 108 litres
of liquor was recovered from two motorcycles.
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 vehicles in
Patna High Court CR. MISC. No.87746 of 2025(2) dt.13-01-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 10.10.2025 and has no criminal antecedent. 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 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. 26 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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