Patna High Court
Pankaj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is to be granted to the petitioner subject to the stipulated bond and sureties.
Summary
The petitioner, Pankaj Yadav, applied for bail in a case (PS Case No. 589 of 2025) alleging offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for the recovery of 711 litres of liquor from a vehicle. The prosecution argued that the liquor was seized, while the petitioner claimed innocence, stating he was neither the driver nor the owner and that no incriminating material was found in his possession. The petitioner had been in custody since 27‑10‑2025 and possessed two prior criminal antecedents, and the State highlighted non‑compliance with Section 103 of the BNSS, 2023. After considering the facts, the period of custody, and the lack of direct involvement, the Court decided to grant bail. The bail was ordered on the condition of a Rs.15,000 bond with two sureties of equal amount, subject to framing of charge if not already done.
Issues considered
- Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act considering the alleged seizure of liquor, the accused’s alleged lack of involvement, prior criminal antecedents, and non‑compliance with Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- Section 103
- BNSS 2023
- criminal procedure
- custody
- prior antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89352 of 2025
Arising Out of PS. Case No.-589 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Pankaj Yadav Son of Jitendra Yadav @ Jitu Yadav Resident of Village-
Bhagwanpur, P.S.- Kateya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Javed Aslam, Adv.
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kateya
PS Case No. 589 of 2025 instituted for the offences under
Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 711 liters
liquor was recovered from the car.
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. The petitioner is
neither the driver not the owner of the vehicle in question and he
Patna High Court CR. MISC. No.89352 of 2025(3) dt.13-01-2026
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has no concern with the same. The petitioner is in custody since
27.10.2025 and has got two criminal antecedents. There is no
compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Kateya PS Case No. 589 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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