Patna High Court
Nihal Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that due to the lack of incriminating material, the petitioner’s mere suspicion, and the period of custody already endured, bail should be granted.
Summary
The petitioner, Nihal Kumar Yadav, was arrested on 27 October 2025 after 126 litres of liquor were recovered from a motorcycle, although he claimed he was merely a passerby and not the owner. He argued that no incriminating material was found in his possession and that the arrest was based solely on suspicion. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and noted his prior criminal antecedent for which he was already on bail. The State opposed the bail application, contending the seriousness of the offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The Court, after considering the facts, the duration of custody already served, and the absence of direct evidence against the petitioner, decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Act
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with
Legislation cited
Subjects
- bail
- excise
- prohibition
- criminal procedure
- suspicion
- Section 103
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90208 of 2025
Arising Out of PS. Case No.-714 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Nihal Kumar Yadav Son of Mansi Yadav Resident of village - Nautan Ahir
Toli, P.S.- Nautan, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Shahi, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Gopalganj Excise P.S. Case No. 714 of 2025, instituted for the
offences punishable under Sections 30(a) and 32 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 126 liters
liquor was recovered from motorcycle and the petitioner was
arrested on spot.
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
Patna High Court CR. MISC. No.90208 of 2025(2) dt.12-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is not the
owner of the motorcycle in question rather he was a passerby of
that way and was arrested only on the basis of suspicion. The
petitioner is in custody since 27.10.2025 and has got one
criminal antecedent in which he is on bail. 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 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 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 Gopalganj Excise
P.S. Case No. 714 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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