Patna High Court
Chhotu Yadav @ Sumant Yadav @ Sumant Yadav @ Chhotu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to a Rs 10,000 bond, two sureties and detailed conditions.
Summary
The petitioner, Chhotu Yadav, was arrested for alleged possession of 90 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act after police intercepted a motorcycle. He contended that he was falsely implicated, was not the owner of the motorcycle, and had no direct possession of the liquor, despite having several prior criminal cases. The petitioner offered to deposit Rs.5,000 with the Lawyers’ Association Welfare Benevolent Fund, while the State opposed bail. The court considered the seriousness of the offence, the petitioner’s criminal antecedents, and the need to ensure his presence at trial, and ordered bail on a Rs.10,000 bond with two sureties and a series of conditions, including regular reporting to the Superintendent of Police. The bail order was granted, with the court emphasizing that its observations would not affect the trial.
Issues considered
- Whether bail should be granted to an accused charged under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
- Whether the petitioner’s claim of non‑ownership of the vehicle and lack of direct possession of the liquor negates the necessity for bail denial.
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- surety
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89890 of 2025
Arising Out of PS. Case No.-112 Year-2025 Thana- BAGENGOLA District- Buxar
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Chhotu Yadav @ Sumant Yadav @ Sumant Yadav @ Chhotu Yadav S/O
Nandji Yadav @ Nandjee Yadav R/O Village- Chhapra, P.S- Bagengola,
Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Dimpal Kumari, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Bagengola P.S. Case No. 112 of 2025 registered
for the offence(s) punishable under Section(s) 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, on the basis of secret
information that the accused persons were carrying illicit liquor,
the police intercepted a motorcycle and apprehended two
persons, namely, Chhotu Yadav (the petitioner) and Munna
Kumar. Upon search, a total of 90 litres of country-made liquor
was recovered from a plastic bag.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.89890 of 2025(2) dt.08-01-2026
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the petitioner has been falsely implicated in the present case
merely on account of the fact that he carries a long list of
criminal cases against his name of which four are of similar
nature. It is further submitted that the petitioner has no concern
whatsoever with the alleged liquor, which was not recovered
from his conscious possession. It is also submitted that the
petitioner is not the owner of the motorcycle from which the
alleged recovery is said to have been made. The learned counsel
lastly submits that the petitioner has five criminal cases and he
is in custody since 19.11.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 5,000/- in the account of Lawyers’ Association
Welfare Benevolent Fund, bearing Account No. 7801893276,
IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey
Road, Patna.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances of
the case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
Patna High Court CR. MISC. No.89890 of 2025(2) dt.08-01-2026
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connection Bagengola P.S. Case No. 112 of 2025, subject to the
following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, Buxar within fifteen days of his release with a copy of
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this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept under watch
in this period by the Superintendent of Police concerned and if it
is found wanting in any respect, a report shall be made to the
court concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Lawyers’ Association Welfare
Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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