Patna High Court

Yogendra Kumar @ YogiversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Yogendra Kumar, was arrested on 17 November 2025 after 90 litres of country-made liquor was recovered from a jute sack in an open area, and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that the liquor was found in a public place and that no incriminating material was recovered from his possession, while noting his two prior criminal antecedents and the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the circumstances, the period of custody already served, and the absence of direct evidence linking the petitioner to the liquor. The court decided to grant bail, imposing a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and requiring the petitioner’s appearance at every trial date. The bail may be cancelled if the petitioner defaults on two consecutive appearances.

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, custody period, and prior antecedents.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 30(a)
Bihar
custody
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.920 of 2026
                      Arising Out of PS. Case No.-388 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
                 Yogendra Kumar @ Yogi S/O Late Shivnath Singh R/O Village- Nasriganj,
                 Ward No.- 08, P.S- Nasriganj, District- Rohtas.
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarfraz Ahmad, Adv.
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Nasirganj PS

                   Case No. 388 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 90 liters of country

                   made liquor was recovered from the jute sack and the petitioner

                   was arrested on the 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. Learned counsel

                   for the petitioner submits that the recovery has been made from

                   an open place which is accessible to one and all and petitioner
           Patna High Court CR. MISC. No.920 of 2026(2) dt.19-01-2026
                                                       2/2




                     was only the passerby of the way and has become victim of the

                     circumstances. The petitioner is in custody since 17.11.2025 and

                     has got two criminal antecedents. There is no compliance of

                     Section 103 of the BNSS, 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 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 Nasirganj PS Case No. 388 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. 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)
Siddharth Soni/-
U      T

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