Patna High Court
SATYENDRA YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Satyendra Yadav, was arrested after 140 litres of liquor was recovered from his straw house in Sirdala, Nawada, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating material was found in his possession, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court noted the petitioner’s clean antecedent, the short period of custody since 19‑01‑2026, and the lack of compliance with Section 103 of the B.N.S.S., 2023, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the provisions of Section 103 of the B.N.S.S., 2023.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 30(a)
- Section 103
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9042 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- SIRDALA District- Nawada
======================================================
SATYENDRA YADAV S/o- Rajkishor Prasad @ Raj Kishor Yadav R/v-
Chaili Ps- Sirdala Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Sirdalla P.S. case No.
13 of 2026 instituted for the offences under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 140 liters
liquor was recovered from straw house of the petitioner 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 no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.9042 of 2026(2) dt.12-02-2026
2/2
further submitted that recovery is made from open place which
is easily accessible to one and all. The petitioner is in custody
since 19.01.2026 and has got no criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 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, clean antecedent 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sirdalla P.S. case
No. 13 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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