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Patna High Court

Yogi Yadav @ Bhogi Yadav @ Yogendra KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner was named in the FIR and the application was filed after an inordinate delay.

Summary

The petitioner, Yogi Yadav, sought anticipatory bail fearing arrest in a case (Kawakol P.S. Case No. 581 of 2022) under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016, where 200 litres of country‑made wine were seized. The prosecution alleged that the petitioner was one of the accused who escaped after the seizure, based on information from a local informant. The petitioner contended that he was falsely implicated and does not own the vehicle involved. The State opposed the bail, pointing out that the petitioner’s name appears in the FIR and that the application was filed three years after the FIR. The Court held that because the petitioner is named in the FIR and the application is belated, no anticipatory bail could be granted, rejecting the application but indicating that a surrender‑cum‑bail application could be considered within eight weeks. The order dismissed the anticipatory bail plea.

Issues considered

  • Whether anticipatory bail can be granted to a person named in an FIR under the Bihar Prohibition and Excise Act, 2016 when the application is filed three years after the FIR.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • Bihar Prohibition and Excise Act
  • FIR
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15288 of 2026
                     Arising Out of PS. Case No.-581 Year-2022 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Yogi Yadav @ Bhogi Yadav @ Yogendra Kumar Son of Suresh Yadav R/o
                 Village - Guaghoghara, P.S. - Kawakol, Distt. - Nawada.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Devendra Prasad Singh, Advocate
                 For the Opposite Party/s :      Mrs.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                  Heard the parties.

                                2. The petitioner is apprehending arrest in connection

                   with Kawakol P.S. Case No. 581 of 2022 instituted under

                   Sections 30(a) 41 of the Bihar Prohibition and Excise Act, 2016

                   lodged on 15.10.2022 by the informant, Anil Kumar Prasad.

                                3. As per the prosecution story, the police intercepted

                   a car and there is recovery/seizure of 200 liters of country made

                   wine. The accused managed to escape but the local gave the

                   name of this petitioner being one of them. This led to the FIR.

                                4. Though learned counsel for the petitioner submitted

                   that he has been falsely implicated in the present case despite

                   the fact that he does not own the car.

                                5. Learned APP opposes the prayer submitting that in

                   the FIR lodged in the year 2022, the petitioner has been named
             Patna High Court CR. MISC. No.15288 of 2026(2) dt.12-03-2026
                                                         2/2




                       and he has approached this Court after three years.

                                    6.    Considering the aforesaid submissions of the

                       parties as also that he has been named in the FIR, no relief can

                       be extended to him. The anticipatory bail application stands

                       rejected.

                                    7. If, however, the petitioner approaches the Court in

                       eight weeks with surrender cum bail application, the same be

                       taken up and dispose of preferably on the same day.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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