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Patna High Court

Devendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the lack of direct incriminating material against the petitioner and procedural deficiencies outweighed the seriousness of the charges, warranting the grant of bail with conditions.

Summary

The petitioner, Devendra Yadav, was charged under IPC sections 272, 273, 414, 34 and the Bihar Prohibition and Excise Act for alleged possession of 594 litres of liquor recovered from a car. He claimed innocence, stating he was neither the owner nor driver of the vehicle and that the only link to him was a co‑accused’s confessional statement, which he argued lacked evidentiary value. The prosecution opposed bail, while the petitioner highlighted the absence of any material in his possession and procedural lapses such as non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court, after considering the facts, the petitioner’s custody period, and his six prior criminal antecedents (all on bail), decided to grant bail subject to strict conditions. The bail order required a bond of Rs.15,000 with two sureties, a family member as a bailor, regular court appearances, non‑tampering with evidence, and a prohibition on committing similar offences.

Issues considered

  • Whether bail should be granted in a case involving serious offences under the IPC and the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of a co‑accused provides sufficient basis to deny bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • IPC
  • prohibition act
  • evidentiary value
  • co‑accused confession
  • procedural compliance
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9271 of 2026
                     Arising Out of PS. Case No.-256 Year-2019 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Devendra Yadav S/O Late Shivcharan Yadav @ Late Ram Sharan Yadav R/O
                 Village- Chichodhwa Thadhi, Ward no. 10, PS- Laukahi, District- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, 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 connection with

                   Laukahi P.S. Case No. 256 of 2019, instituted for the offences

                   punishable under Sections 272, 273, 414, 34 of the Indian Penal

                   Code and Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. Earlier, anticipatory bail of the petitioner was

                   dismissed as withdrawn by a co-ordinate Bench of this Court

                   vide order dated 22.09.2025 passed in Cr. Misc. No. 59888 of

                   2025.

                                4. The prosecution case, in short, is that 594 liters

                   liquor was recovered from a car.

                                5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.9271 of 2026(2) dt.12-02-2026
                                            2/3




          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 also submitted that the petitioner is neither

          owner nor driver of the car in question. The petitioner was not

          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of confessional statement made by co-accused,

          namely, Fuldev Yadav and the same has got no evidentiary

          value. The petitioner is in custody since 15.09.2025 and has got

          six criminal antecedents in which he is on bail. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       6. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       7. 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.

                       8. Let the petitioner be released on bail after framing

          of charge, if not already framed, 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
             Patna High Court CR. MISC. No.9271 of 2026(2) dt.12-02-2026
                                                         3/3




                       Court in connection with Laukahi P.S. Case No. 256 of 2019,

                       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 consecutive

                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     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)
Rajorshi/-

U       T


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