Patna High Court
Sonu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
Sonu Yadav sought anticipatory bail fearing arrest in an excise case where 233.280 litres of liquor were seized from his vehicle. He contended that he was falsely implicated, had no knowledge of the goods, and possessed no criminal antecedent, also highlighting non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court examined the prima facie case and the statutory provisions, and, applying Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 15,000 and two sureties of equal amount, subject to the conditions laid down. The order was conditioned on the petitioner surrendering before the lower court within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case
- Whether a prima facie case exists against the petitioner
- Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with
- Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, permits the grant of anticipatory bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 482
- Section 103
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17055 of 2026
Arising Out of PS. Case No.-604 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Sonu Yadav S/O Dayanand Yadav Resident of House No. 304, Shri Ram
Enclave, Ghaziabag, P.S. and District Ghaziabag, Uttar Pradesh 201002
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Siwan Excise P.S. Case No. 604 of 2025 instituted for the
offences punishable under Sections 30(a), 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 233.280
litres of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.It is
further submitted that the name of the petitioner has transpired
as being the owner of the vehicle in question and has no
knowledge regarding the goods loaded in the vehicle. Petitioner
Patna High Court CR. MISC. No.17055 of 2026(2) dt.13-03-2026
2/2
has no concern with the alleged recovery. Learned counsel,
therefore, submitted that prima-facie, no case is made out
against the petitioner. The petitioner has no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioner, above named, in the event of
arrest/surrender before the lower court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Siwan Excise P.S.
Case No. 604 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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