Patna High Court
Yogendra Yadav @ PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Yogendra Yadav, was arrested in connection with the recovery of 225 litres of liquor from a plastic sac near a pond, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case relied on a local chowkidar’s disclosure, but no incriminating material was found in the petitioner’s possession. The petitioner claimed innocence, highlighted the open nature of the recovery site, and noted a single prior criminal antecedent and lack of compliance with Section 103 of the B.N.S.S., 2023. After hearing both sides, the Court considered the length of custody since 16‑11‑2025 and the absence of direct evidence. The Court decided to grant bail, ordering 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 given the circumstances of the case.
- Whether the lack of incriminating material and the open nature of the recovery site justify bail despite a prior criminal antecedent.
- Whether compliance with Section 103 of the B.N.S.S., 2023 is required before granting bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Section 30(a)
- Bihar
- prior antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.96 of 2026
Arising Out of PS. Case No.-212 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Yogendra Yadav @ Pandit S/o- Shibu Yadav Resident of Village- Maniarwa,
P.S- Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, 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 Khajauli P.S. case No.
212 of 2025, corresponding to G.R. No. 1392 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 225 liters
liquor was recovered from plastic sac near a pond.
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.96 of 2026(2) dt.19-01-2026
2/2
further submitted that the name of the petitioner has transpired
on the basis of disclosure made by local chowkidar. Recovery
has been made from an open place accessible to public at large.
The petitioner is in custody since 16.11.2025 and has got one
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 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 Khajauli P.S. case
No. 212 of 2025, corresponding to G.R. No. 1392 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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