Allowed¶20

Bachcha Yadav v. The State of Bihar

Patna HC22 Apr 2026CR. MISC./26802/2026

Case brief

AI extract

What is this about?

Regular bail granted; Section 30(a) Bihar Prohibition and Excise Act; Section 105 B.N.S.S. seizure compliance argued; 150 liters country made liquor recovered from banks of Ghaghra river; Manjhi P.S. Case No. 151 of 2026, District Saran; petitioner in judicial custody since 18.03.2026; no criminal antecedent; bail bond Rs. 10,000/- with two like sureties; 2nd Exclusive Special Excise Judge, Saran at Chapra; Ashok Kumar Pandey, J; CR. MISC. No.26802 of 2026; decision dated 22-04-2026.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 151 of 2026. ¶20

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

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the petitioner, accused in Manjhi P.S. Case No. 151 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to regular bail.

¶14

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the Court found itself inclined to enlarge the petitioner on bail and directed that the petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 151 of 2026.

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Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J) allowed a regular bail application filed by Bachcha Yadav in Criminal Miscellaneous No. 26802 of 2026 arising out of Manjhi P.S. Case No. 151 of 2026 (District Saran), registered under Section 30(a) of the Bihar Prohibition and Excise Act after an alleged recovery of 150 liters of country-made liquor from the banks of the Ghaghra river. Counsel for the petitioner argued that nothing was recovered from his possession, the seizure was made at an open river bank with police personnel as seizure-list witnesses, Section 105 of the B.N.S.S. was not complied with during the seizure, and the petitioner, a farmer with no criminal antecedent, had been in judicial custody since 18.03.2026. Considering the facts and circumstances, the Court enlarged the petitioner on bail against a bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26802 of 2026

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Arising Out of PS. Case No.-151 Year-2026 Thana- MANJHI District- Saran

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

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Bachcha Yadav, Son of Late Sudama Yadav, Resident of Village - Dhorhat (Ghorhat), Majhwaliya, Police Station - Manjhi, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mani Shankar Mishra, Advocate For the Opposite Party/s : Ms.Veena Kumari Jaiswal, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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2 22-04-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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The case of the prosecution, in short, is that from the banks of Ghaghra river, altogether 150 liters of country made liquor was recovered.

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Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Nothing has been recovered from his possession. He is a farmer and has gone there to see his field where police arrested him. The alleged recovery was made the banks of the river

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Patna High Court CR. MISC. No.26802 of 2026(2) dt.22-04-2026 2/2

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which is an open place. The seizure list witnesses are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 18.03.2026.

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Learned APP appearing for the State has vehemently opposed the application for bail.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2^nd Exclusive Special Excise Judge, Saran at Chapra in connection with Manjhi P.S. Case No. 151 of 2026.

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(Ashok Kumar Pandey, J)

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lata/- U T

Bachcha Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bachcha Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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