Allowed¶22

Yogesh Singh v. The State of Bihar

Patna HC30 Jun 2026CR. MISC./40773/2026

Case brief

AI extract

What is this about?

Bail; Bihar Prohibition and Excise Act, 2022; Section 30(a), 32(1),(3), 41 (1)(2); 153 liters illegal foreign liquor; recovery from vehicle; accused not owner of vehicle; seizure list witnesses police personnel; non-compliance of Section 103/105 BNSS; clean antecedent; custody since 15.05.2026; F.I.R. dated 14.05.2026; Bhabhua P.S. Case No. 239 of 2026; Kaimur (Bhabua); bail bond Rs. 10,000 with two sureties; Exclusive Special Judge (Excise)-II, Kaimur at Bhabhua; CRL. MISC. No.40773 of 2026; Rajesh Kumar Verma, J.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (Excise)-II, Kaimur at Bhabhua, subject to conditions on trial attendance, non-tampering and antecedent verification. ¶22

Yogesh Singh Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 15.05.2026 in connection with Bhabhua P.S. Case No. 239 of 2026 for offences under the Bihar Prohibition and Excise Act, 2022, should be released on bail.

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Ratio / Principle

Bail granted having regard to the petitioner's clean antecedent, the fact that he is not the owner of the vehicle in question, and the non-compliance of Section 103/105 of BNSS.

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Key takeaways

Petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each.ratio¶22
Bail bonds to be furnished to the satisfaction of the learned Exclusive Special Judge (Excise)-II, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 239 of 2026.ratio¶22
Condition: petitioner to cooperate in the trial, be properly represented on every date and remain physically present as directed; absence on two consecutive dates without sufficient reason entails cancellation of the bail bond by the court below.

Detailed headnote1 paragraphs

Patna High Court (Rajesh Kumar Verma, J) allowed a bail application under Sections 30(a), 32(1), 32(3) and 41(1)(2) of the Bihar Prohibition and Excise Act, 2022 arising out of Bhabhua P.S. Case No. 239 of 2026 (F.I.R. dated 14.05.2026), where the recovery was of 153 liters of illegal foreign liquor. Despite the prosecution's opposition, bail was granted on the grounds that the petitioner has clean antecedent, he is not the owner of the vehicle in question, and there is non-compliance of Section 103/105 of BNSS (seizure list witnesses being police personnel, as urged by defence counsel). Bail was fixed at Rs. 10,000/- with two sureties of the like amount each before the learned Exclusive Special Judge (Excise)-II, Kaimur at Bhabhua, subject to conditions requiring cooperation and physical presence at trial (failure on two consecutive dates permitting cancellation), barring tampering with evidence or witnesses, and providing for verification of criminal antecedents with liberty to cancel the bond on concealment; acceptance of bail bonds was directed not to be delayed in the name of verification.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40773 of 2026

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Arising Out of PS. Case No.-239 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)

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

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Yogesh Singh S/o Sharad Kumar Singh Resident of Village- Behara, P.S.Kerakat, District- Jaunpur, Uttar Pradesh

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Aquaib Khan, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP

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

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 30-06-2026

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Heard Mr. Aquaib Khan, learned counsel for the

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petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor for the State.

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Petitioner seeks bail who is in custody since 15.05.2026 in connection with Bhabhua P.S. Case No. 239 of 2026, F.I.R. dated 14.05.2026 for the offences punishable under Section 30(a), 32(1),(3), 41 (1)(2) of the Bihar Prohibition and Excise Act, 2022.

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Recovery is of 153 liters of illegal foreign liquor.

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather

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Patna High Court CR. MISC. No.40773 of 2026(2) dt.30-06-2026 2/3

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the recovery of altogether 153 liters of illegal foreign liquor has been made from vehicle in question and the petitioner has been made accused merely on the basis that he is the driver of the vehicle in question. He further submits that the petitioner has no concern at all with the alleged recovery of the illicit liquor or the vehicle in question. He further submits that seizure list witnesses are police personnel so there is non-compliance of Section 103/105 of BNSS. The petitioner is in custody since 15.05.2026.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances that petitioner has clean antecedent, he is not the owner of the vehicle in question and there is non-compliance of Section 103/105 of BNSS, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge(Excise)-II, Kaimur at Bhabhua in connection with Bhabhua P.S. Case No. 239 of 2026, subject to the following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

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Patna High Court CR. MISC. No.40773 of 2026(2) dt.30-06-2026 3/3

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and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Vanisha/-

Yogesh Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Yogesh Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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