Patna High Court
Jagdish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to specified conditions and a cash bond.
Summary
The petitioner, Jagdish Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 11 litres of liquor were recovered from a motorcycle he owned. He claimed innocence, stating no incriminating material was found in his possession and that he was falsely implicated. The petitioner has seven prior criminal antecedents, with bail already granted in four of those cases, and the prosecution noted non‑compliance with Section 103 of the B.N.S.S., 2023. The State opposed bail, citing the petitioner’s antecedents and the nature of the offence. After considering the facts, the court decided to grant bail, imposing a bond of Rs.15,000 with two sureties and several conditions regarding appearance, non‑tampering with evidence, and not leaving the jurisdiction. The bail may be cancelled if any condition is breached.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite multiple prior criminal antecedents.
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023, precludes the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- Section 103
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9138 of 2026
Arising Out of PS. Case No.-478 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Jagdish Yadav S/o- Late Ruplal Yadav Village -Bagai P.S.-Gurpa District
-Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushp Raj Singh, Advocate
For the Opposite Party/s : Mrs.Indu Kumari Srivastava, 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 Fatehpur P.S. case No.
478 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 11 liters liquor
was recovered from motorcycle.
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
further submitted that the name of the petitioner has transpired
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as being owner of the vehicle in question. The petitioner is in
custody since 18.12.2025 and has got seven criminal antecedent
in which he is on bail in four cases. 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. The
petitioner has seven antecedents of similar nature.
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, after framing
of charge, if not already framed, 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 Fatehpur P.S. case No. 478 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
fixed at the trial and shall not remain absent on two consequtive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
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or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) Petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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