Patna High Court

Vinod YadavversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioners.

Summary

Vinod Yadav and Rudra Pratap Singh, driver and co‑driver of a bus, were arrested for alleged offences under Sections 30(a) and 21(1) of the Bihar Prohibition and Excise Act after 1,786.275 litres of liquor were recovered from the vehicle. The petitioners contended they had no knowledge of the liquor, no incriminating material was found on them, they had no prior criminal record and Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. The State opposed bail. Considering the lack of direct evidence, the petitioners’ clean record and the period of custody already endured, the Court inclined to grant bail, imposing a bond of Rs 15,000 each with two sureties and conditions regarding family surety and regular appearance in court. The bail was ordered subject to these conditions.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 21(1) of the Bihar Prohibition and Excise Act in view of the facts.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
liquor seizure
driver
co‑driver
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87967 of 2025
                     Arising Out of PS. Case No.-191 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
           1.     Vinod Yadav S/o Ram Avtar Yadav R/o Village- Navtol, Ward No.4,
                  Phulparas, P.S- Phulparas, Dist- Madhubani.
           2.    Rudra Pratap Singh S/o Avdhesh Singh R/o Village- Begamganj, Umari, P.S-
                 Umari Begamganj, Dist- Gonda (U.P)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar, Adv.
                 For the Opposite Party/s :       Ms. Shaheen Begum, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with S.T.

                   Excise No. 932 of 2025, arising out of Kishanpur P.S. Case No.

                   191 of 2025, instituted for the offences punishable under

                   Sections 30(a) and 21(1) of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that 1786.275

                   liters liquor was recovered from bus.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.87967 of 2025(2) dt.13-01-2026
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          the conscious possession of the petitioners. The petitioners have

          got no concern with the alleged recovery of liquor. The

          petitioners are the driver and co-driver of the vehicle in question

          respectively and they have no knowledge about the goods

          loaded in the vehicle. The petitioners are in custody since

          18.09.2025. The petitioners have got no criminal antecedent.

          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 petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail, after

          framing of charge, if not already framed on furnishing bail

          bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with S.T. Excise No. 932

          of 2025, arising out of Kishanpur P.S. Case No. 191 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioners.
           Patna High Court CR. MISC. No.87967 of 2025(2) dt.13-01-2026
                                                       3/3




                                  (II) The petitioners 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 bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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