Patna High Court
Aashik yadav @ PushpaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to bail bond conditions and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Aashik Yadav, applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for possession of 72 litres of illicit liquor recovered from a motorcycle. The police alleged that the petitioner fled when they attempted a vehicle check, but he contended that the motorcycle did not belong to him and his name was supplied by a local chowkidar. The petitioner asserted his innocence, lack of criminal antecedents, and that he had no connection with the seized liquor. The court examined the circumstances, noting the reliance on the chowkidar’s identification and the absence of ownership of the vehicle. Considering these factors, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Anil Kumar Sinha.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of alleged involvement in an offence under the Bihar Prohibition and Excise Act, 2016?
- Whether the identification of the petitioner by a local chowkidar and the fact that the motorcycle does not belong to him suffice to justify anticipatory bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- false implication
- bail bond
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18541 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- MIRGANJ District- Gopalganj
======================================================
Aashik yadav @ Pushpa Son of Vindhachal yadav Resident Of Village-
Kharuni Briti tola, Ps- Mirganj, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepankar Raj
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Mirganj Police Station Case No. 12 of 2026, dated
08.01.2026, disclosing offence under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report,
is that on 08.01.2026, at about 04:15 PM, the police
reached near Ekdanga Mathia Tin Mohani and started
vehicle check and saw a person coming on a motorcycle,
having two plastic sacks tied on it and on seeing the
police, the person, riding the motorcycle, left the
motorcycle and succeeded in fleeing away. On search of
the motorcycle, the police recovered 72 litres of illicit
Patna High Court CR. MISC. No.18541 of 2026(2) dt.08-04-2026
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liquor from the two plastic sacks tied with the motorcycle.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case on the disclosure of his name by the local
chowkidar. He further submits that the petitioner has got
no concern with the illicit liquor recovered inasmuch as
the motorcycle, in question, does not belong to the
motorcycle. The petitioner is having no criminal
antecedent.
5. Regards being had to the submission advanced on behalf
of the parties concerned and taking into consideration the
fact that the name of the petitioner has transpired in this
case on the disclosure of his name by the local chowkidar
and the motorcycle, in question, does not belong to the
petitioner, I am inclined to grant the petitioner privilege
of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, 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 learned Exclusive Special Excise
Patna High Court CR. MISC. No.18541 of 2026(2) dt.08-04-2026
3/3
Court No. 2, Gopalganj, in connection with Mirganj
Police Station Case No. 12 of 2026, subject to the
condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
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