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Patna High Court

Nihal Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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