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

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

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released on bail in Bhore P.S. Case No. 30 of 2026 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each before the learned District and Additional Sessions Judge-XIII cum Spl. Excise Court No. 1, Gopalganj, subject to conditions (presence in trial court on every date, one bailor a close relative, weekly attendance at Bhorey P.S.); Office directed to communicate the order to the Superintendent of Police, Gopalganj.

Issue for consideration

Whether the petitioner is entitled to regular bail in the case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act (Bhore P.S. Case No. 30 of 2026).

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the court is inclined to enlarge the petitioner on bail.

Ratio / Principle

The petitioner is directed to be released on bail in Bhore P.S. Case No. 30 of 2026 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge-XIII cum Spl. Excise Court No. 1, Gopalganj.

Key takeaways

Bail conditioned on the petitioner cooperating in the trial and remaining physically present in the trial court on each and every fixed date.ratio¶21
Condition imposed that one of the bailors should be a close relative of the petitioner.ratio¶22
Petitioner further directed to mark his weekly attendance at Bhorey P.S.ratio

Detailed headnote1 paragraphs

Bail granted. The Patna High Court enlarged the petitioner on regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act (Bhore P.S. Case No. 30 of 2026), where 648 liters of illicit liquor was alleged to have been recovered from beside the road. Defence pointed out that nothing was recovered from the petitioner's possession, the seizure-list witnesses were police personnel, and Section 105 of BNSS was not complied with while preparing the seizure list; the petitioner was in judicial custody since 30.03.2026. The State opposed bail citing criminal antecedents in thirteen cases. Bail was allowed on a personal bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the District and Additional Sessions Judge-XIII cum Spl. Excise Court No. 1, Gopalganj, subject to conditions: cooperation in trial and physical presence on every fixed date, one bailor being a close relative, and weekly attendance marking at Bhorey P.S. Office was directed to communicate the order to the Superintendent of Police, Gopalganj.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45521 of 2026

Arising Out of PS. Case No.-30 Year-2026 Thana- BHORE District- Gopalganj

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

Abhishek Yadav S/o Late Dina Yadav R/o Village- Tilak Dimar, P.S- Bhorey, Dist- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Dewanand Tiwari, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP

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

2 08-07-2026

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER Heard learned counsel for the petitioner and

learned APP for the State.

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.

The case of the prosecution is that beside the road, altogether 648 liters of illicit liquor was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. Recovery, if any, has been made from an open place. The witnesses of the seizure list are police personnel and police have not complied Section 105 of BNSS while preparing the seizure list.

Patna High Court CR. MISC. No.45521 of 2026(2) dt.08-07-2026 2/3

Moreover, he is languishing in judicial custody since 30.03.2026.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that the petitioner is having criminal antecedent of thirteen cases.

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 released on bail in connection with Bhore P.S. Case No. 30 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 District and Additional Sessions Judge-XIII cum Spl. Excise Court No. 1, Gopalganj with following conditions:-

(i) The petitioner shall cooperate in trial and shall remain physically present in the trial court on each and every fixed date.

(ii) One of the bailors should be close relative of the petitioner.

(iii) Petitioner is also directed to mark his weekly attendance at Bhorey P.S.

Patna High Court CR. MISC. No.45521 of 2026(2) dt.08-07-2026 3/3

Office is directed to communicate this order to the

Superintendent of Police, Gopalganj.

(Ashok Kumar Pandey, J)

Shubham/-

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