Patna High Court

Dharo @ Dharo Yadav @ Dharmendra Yadav @ DharmendraversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: ALOK KUMAR SINHA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Dharo Yadav, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged recovery of 70 litres of country-made liquor. The petitioner had one prior criminal case but no physical possession of the liquor was established, and his name appeared only in secret information. The State opposed the bail. The Court considered the lack of concrete evidence of possession and the single antecedent, and decided to grant anticipatory bail. The bail was conditioned on furnishing a bail bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directed release within six weeks of arrest or surrender.

Issues considered

Whether anticipatory bail can be granted under Section 438 Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita when only secret information links the petitioner to the alleged offence.
Whether the existence of a single prior criminal antecedent precludes the grant of anticipatory bail.
Whether the conditions imposed for bail are appropriate under the relevant statutes.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438 Cr.P.C.
Section 482 B.N.S.
Bihar Prohibition and Excise Act
criminal antecedent
bail conditions
secret information

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10904 of 2026
                 Arising Out of PS. Case No.-448 Year-2025 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Dharo @ Dharo Yadav @ Dharmendra Yadav @ Dharmendra S/o Atal Yadav
                 R/o vill- Parma, P.S.- Nardiganj, Distt.- Nawada
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arvind Kumar, Adv.
                 For the Opposite Party/s :      Mr.Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner as well as

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his arrest

                   in a case registered for the offences punishable under Sections

                   30(a) of Bihar Prohibition and Excise Act in connection with

                   Muffasil P.S. Case No.448 of 2025.

                                3. The learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 70 liters countrymade liquor. Further submits that

                   no recovery has been made from the conscious physical

                   possession of the petitioner and his name has surfaced on some

                   secret information received.

                                4. The learned APP for the State opposes the

                   anticipatory bail application.

                                5. Considering the fact that no recovery has been
          Patna High Court CR. MISC. No.10904 of 2026(2) dt.17-02-2026
                                                      2/2




                    made from the conscious physical possession of the petitioner

                    and further that his name has surfaced on some secret

                    information received and further giving the fact that only one

                    criminal antecedent is there, this Court is inclined to grant

                    anticipatory bail to the petitioner.

                                 6. Accordingly, the petitioner above-named, in the

                    event of his arrest or surrender before the learned Court below

                    within a period of six weeks, is directed to be released on bail

                    on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees

                    Ten Thousand) with two sureties of the like amount each to the

                    satisfaction of the learned Exclusive Special Excise Court-I,

                    Nawada in connection with Muffasil P.S. Case No.448 of 2025,

                    subject to the conditions laid down under Section 438(2) of the

                    Cr.P.C./Section 482(2) of the Bhartiya Nagarik Suraksha

                    Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T

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