Patna High Court
Binod YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing his release upon furnishing a bail bond of Rs 10,000 with two sureties.
Summary
The petitioner, Binod Yadav, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 85 litres of liquor and 1,000 litres of fermented jawa‑mahua solution from a public riverbank. He was not arrested at the spot, no liquor was found in his possession, and the informant who named him was not recorded in the FIR. The petitioner, who has a clean antecedent, had been in custody since 3 January 2026 and sought bail. The State opposed the bail application. Considering the lack of direct possession, the public nature of the location, the clean record, and procedural deficiencies, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act when no liquor was recovered from his possession.
- Whether the absence of the informant’s name in the FIR and the public nature of the alleged site affect the bail decision.
- Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the alleged offence.
Subjects
- bail
- prohibition law
- excise
- possession
- clean antecedent
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8889 of 2026
Arising Out of PS. Case No.-661 Year-2025 Thana- HISUWA District- Nawada
======================================================
Binod Yadav S/o Lakhan Yadav Resident of Village- Alambigha, P.S.- Aatari,
District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 85 litres of liquor along with 1000 litres of
fermented jawa mahua solution from a bush near the bank of a
river. It is next submitted that petitioner was not arrested from
the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and is accessible to public at
large and he came to be implicated based on the disclosure made
Patna High Court CR. MISC. No.8889 of 2026(2) dt.16-02-2026
2/2
by the local person but then the name of the person who
disclosed the name of the petitioner is not disclosed in the FIR,
which casts an aspersion on the case of the prosecution, when
petitioner admittedly is a person with clean antecedent. It is next
submitted that petitioner is in custody since 03.01.2026.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Hisua
P.S. Case No.661/2025.
(Satyavrat Verma, J)
amit/-
U T
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