Badelal Yadav @ Barelal Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Badelal Yadav @ Barelal Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sesions Judge-IVcum-Exclusive Special Excise Court-II, Gopalganj, in connection with Excise P.S. Case No. 475 of 2025, subject to conditions of attendance at trial on every date (bail bond cancellable on two consecutive absences without reasonable cause) and one bailor being a family member.

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Excise P.S. Case No. 475 of 2025, registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and the period under custody, the petitioner is released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the District and Additional Sessions Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj.

Ratio / Principle

Bail is subject to the condition that the petitioner remains physically present at trial on each and every date till disposal; absence on two consecutive dates without reasonable cause permits the Trial Court to cancel the bail bond.

Key takeaways

Additional bail condition: one of the bailors shall be a family member of the petitioner.ratio¶¶22

Detailed headnote1 paragraphs

Patna High Court (S. B. Pd. Singh, J.) grants regular bail in Criminal Miscellaneous No.73826 of 2025 arising out of Excise P.S. Case No. 475 of 2025 (Gopalganj), registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Per the F.I.R., 343 liters of foreign liquor were recovered from a vehicle. Counsel argued the petitioner is innocent, has no criminal antecedent, nothing was recovered from his conscious possession, and that as a professional driver he was given Rs. 1,000/- to transport the load to Mirganj without knowing liquor was inside; the petitioner was in custody since 13.08.2025. Considering the facts and the period of custody, the Court released him on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the District and Additional Sessions Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj, conditioned on physical presence at every trial date (bail bond cancellable after two consecutive unjustified absences) and one bailor being a family member.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73826 of 2025

Arising Out of PS. Case No.-475 Year-2025 Thana- Excise P.S. District- Gopalganj

======================================================

Badelal Yadav @ Barelal Yadav Son of Late Rajdev yadav R/o Machhauti, P.S. - Duraudha, Dist. - Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepankar Raj For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ======================================================

CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

2 16-10-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has preferred this application for

grant of regular bail in connection with Excise P.S. Case No. 475 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the allegation made in the F.I.R., recovery of 343 liters of foreign liquor has been made from a vehicle which is the subject matter of the present case.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has got no criminal antecedent. He has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is a professional driver and he was given Rs. 1,000/- to transport

Patna High Court CR. MISC. No.73826 of 2025(2) dt.16-10-2025 2/2

fortune stuff to Mirganj and he has no knowledge that sack of liquor is loaded inside the vehicle. Petitioner is in custody since 13.08.2025.

Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sesions Judge-IVcum-Exclusive Special Excise Court-II, Gopalganj in connection with Excise P.S. Case No. 475 of 2025 subject to the following conditions :-

(i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.

(ii). One of the bailor shall be his family member.

(S. B. Pd. Singh, J)

Ankit Kumar/-

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