Patna High Court
Arvind Yadav @ Arvind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Arvind Yadav, was arrested in connection with an excise case (PS Case No. 910 of 2025) for alleged possession of 20 litres of liquor, alleged offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that no incriminating material was found in his possession, that the liquor was recovered from a public open area, and that his name was linked to the case solely on secret information. He also contended that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and highlighted his three prior criminal antecedents for which he was already on bail. The State opposed the bail application. Considering the circumstances, the court found the petitioner's custody period reasonable and granted bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding family surety and appearance at trial dates.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of bail.
Legislation cited
Subjects
- bail
- excise offence
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal antecedents
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90288 of 2025
Arising Out of PS. Case No.-910 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Arvind Yadav @ Arvind Kumar S/O Late Chalitra yadav R/O Village- Shobhe
Khap, P.S.- Narari Kala Khurd, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, 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 Excise
P.S. Case No. 910 of 2025, instituted for the offences punishable
under Sections 30(a) and 30(c) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 20 liters
liquor was recovered from plastic bag in a diara.
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.90288 of 2025(2) dt.12-01-2026
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of secret information. It is further submitted
that the alleged recovery has been made from an open place and
the same is easily accessible to the public at large. The petitioner
is in custody since 15.11.2025 and has got three criminal
antecedents 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 Excise P.S. Case No.
910 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
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fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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