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Raj Kumar Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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Patna HC
2026
Raj Kumar Yadav Vs The State of BiharRaj Kumar Yadav v. The State of Bihar

Allowed¶20

Raj Kumar Yadav v. The State of Bihar

Bail – offence under section 30(a) of the Excise Act

Patna HC16 Apr 2026CR. MISC./23434/2026

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.23434 of 2026 (decided 16-04-2026), Raj Kumar Yadav v. The State of Bihar; regular bail; section 30(a) Excise Act; recovery of 43.560 liters country made liquor from Mahadev Dera; Nainijor/Nainjor P.S. Case No. 16 of 2026, District Buxar; non-compliance with Section 105 of the BNS at seizure; seizure witnesses all police personnel; custody since 25.02.2026; one criminal antecedent of similar nature; bail bond Rs.10,000/- with two sureties; Exclusive Special Excise Court No. 2, Buxar; Justice Ashok Kumar Pandey.

What did the court decide?

Petitioner directed to be released on bail in connection with Nainjor P.S. Case No. 16 of 2026 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Court No. 2, Buxar/concerned Court.

Why is it important?

Considering the facts and circumstances of the case, the Court enlarged the petitioner on bail in connection with Nainjor P.S. Case No. 16 of 2026, directing release on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No. 2, Buxar/concerned Court. ¶20

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail in connection with Nainjor P.S. Case No. 16 of 2026 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Excise Court No. 2, Buxar/concerned Court.

Issue for consideration

Whether the petitioner, an accused in Nainijor P.S. Case No. 16 of 2026 registered for the offence punishable under section 30(a) of the Excise Act, is entitled to be enlarged on regular bail.

Court's answer

Considering the facts and circumstances of the case, the Court enlarged the petitioner on bail in connection with Nainjor P.S. Case No. 16 of 2026, directing release on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No. 2, Buxar/concerned Court.

Detailed headnote1 paragraphs

Bail — offence under section 30(a) of the Excise Act — alleged recovery of 43.560 litres of country-made liquor from a Mahadev Dera (Nainijor P.S. Case No. 16 of 2026, District Buxar) — defence contended nothing recovered from conscious possession, all seizure-list witnesses are police personnel and Section 105 of the BNS not complied with at seizure — petitioner in judicial custody since 25.02.2026 with one similar antecedent — State opposed bail — held, considering the facts and circumstances, petitioner enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 2, Buxar/concerned Court.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23434 of 2026

Arising Out of PS. Case No.-16 Year-2026 Thana- NANIJOR District- Buxar

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

RAJ KUMAR YADAV Son of Bikrama Yadav Resident of Village Mahadev Dera (Mahadev Ke Dera), P.S.- Nainijor, District - Buxar

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s : Mr.Rina Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 16-04-2026

Heard learned counsel for the petitioner and learned

APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30 (a) of the Excise Act.

3. The case of the prosecution is that altogether 43.560 liters of country made liquor was recovered from a Mahadev Dera.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that nothing has been recovered from the conscious possession of this petitioner rather the same has been recovered from an open place. It is further submitted that all the witnesses to the seizure

Patna High Court CR. MISC. No.23434 of 2026(2) dt.16-04-2026 2/2

list are police personnel and the police have not complied the mandatory provision of Section 105 of the BNS at the time of seizure. Moreover, the petitioner is languishing in judicial custody since 25.02.2026 having one criminal antecedent of similar nature.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nainjor P.S. Case No. 16 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2, Buxar/concerned Court.

(Ashok Kumar Pandey, J)

Jagdish/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, an accused in Nainijor P.S. Case No. 16 of 2026 registered for the offence punishable under section 30(a) of the Excise Act, is entitled to be enlarged on regular bail.¶14
The court held
Considering the facts and circumstances of the case, the Court enlarged the petitioner on bail in connection with Nainjor P.S. Case No. 16 of 2026, directing release on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No. 2, Buxar/concerned Court.ratio¶20

Statutes considered

2 provisions across 2 enactments

AI extract

Excise Act30(a)¶14
BNS105¶18

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case arising out of Nainijor P.S. Case No. 16 of 2026, Thana NANIJOR, District Buxar.¶2
Prior proceeding
Prosecution case: alleged recovery of 43.560 litres of country-made liquor from a Mahadev Dera; offence registered under section 30(a) of the Excise Act.¶15
Prior proceeding
Defence submission that all seizure-list witnesses are police personnel and the mandatory provision of Section 105 of the BNS was not complied with at the time of seizure.¶18
Prior proceeding
Petitioner in judicial custody since 25.02.2026, with one criminal antecedent of similar nature.¶18
Prior proceeding
Learned APP for the State vehemently opposed the prayer for regular bail before this Court.¶19

Parties & counsel

AI extract

petitioner
Raj Kumar Yadav¶4
Ravi Shankar Pathak
respondent
The State of Bihar¶7
Rina Sinha

Coram

AI extract

Ashok Kumar Pandeyauthor¶10

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 16 Apr 2026 · April
Registered: 1 Apr 2026
Case no.: CR. MISC./23434/2026
CNR: BRHC010319282026
Bench: Ashok Kumar Pandey
Disposal: ALLOWED
Case type: Criminal Miscellaneous

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Cite this judgement

Raj Kumar Yadav v. The State of Bihar, CR. MISC./23434/2026 (PAT), decided on 16 April 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Excise Act30(a)
BNS105

View all statutes

Procedural history5

Case arising out of Nainijor P.S. Case No. 16 of 2026, Thana NANIJOR, District Buxar.
Prosecution case: alleged recovery of 43.560 litres of country-made liquor from a Mahadev Dera; offence registered under section 30(a) of the Excise Act.

View full history

Bench / Coram

Ashok Kumar Pandey

Parties & counsel