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Patna High Court

Subodh Yadav @ Subodh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted pre‑arrest bail to the petitioner, subject to a bond, sureties, and verification conditions.

Summary

The petitioner, Subodh Yadav, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The FIR alleged that six litres of illicit liquor were recovered from a co‑accused's shop and that the petitioner was seen standing with a pistol before fleeing the scene. The petitioner asserted his innocence, claimed no connection with the seized liquor, and highlighted his clean antecedent. The court noted that the liquor was recovered from the co‑accused’s premises, the seizure list for the firearm and motorcycle was unsigned, creating doubt about the petitioner’s involvement. Consequently, the court granted pre‑arrest bail on a bond of Rs.10,000 with two sureties, subject to verification of the motorcycle’s ownership and compliance with Section 482(2) of the BNSS, and directed the district court to verify any other criminal antecedents, after which the bail order would lapse if such antecedents were found. The bail application was disposed with the order of release.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving alleged offences under the Bihar Prohibition and Excise Act and the Arms Act.
  • Whether the material on record, including the unsigned seizure list and recovery of liquor from a co‑accused, creates reasonable doubt justifying bail.
  • Whether the conditions prescribed under Section 482(2) of the BNSS are applicable to the grant of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • Arms Act
  • illicit liquor
  • firearm possession
  • Section 482(2) BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18970 of 2026
                          Arising Out of PS. Case No.-6 Year-2026 Thana- Marnga District- Purnia
                 ======================================================
                 Subodh Yadav @ Subodh Kumar Yadav S/o- Parsan Yadav @ Paran Yadav
                 Resident of village, Kabiya PS- Maranga District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Praveen Kumar Agrawal, Advocate
                 For the Opposite Party/s :        Ms.Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                   Heard Mr. Praveen Kumar Agrawal, learned counsel

                   appearing on behalf of the petitioner and Ms. Meena Singh,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Marang P.S. Case No. 06/2026 registered for the offence(s)

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act and Sections 25(1-b)a, 26/35 of the Arms Act.

                                 3. As per the allegations made in the FIR, 6 litres of

                   illicit liquor was recovered from the shop of the co-accused,

                   Raja Kumar. The petitioner is alleged to have been standing in

                   front of the said shop, in possession of a pistol, and upon seeing

                   the police party, he allegedly fled from the spot.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.18970 of 2026(2) dt.08-04-2026
                                            2/3




          been implicated in the present case. Recovery of illicit liquor

          has been made from the shop of the co-accused Raja Kumar and

          the petitioner has no connection with the seized liquor.

          Petitioner has clean antecedent.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that recovery of illicit liquor has

          been made from the shop of co-accused Raja Kumar and

          petitioner has clean antecedent. Allegation is that he possessed

          the motorcycle and a firearm regarding which seizure list was

          prepared but not signed by the apprehended persons which

          creates doubt. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

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

          satisfaction of learned          Concerned Court where the case is

          pending in connection with Marang P.S. Case No. 06/2026,

          subject to the conditions as laid down under Section 482(2) of

          the BNSS, subject to the verification of the motorcycle not a
           Patna High Court CR. MISC. No.18970 of 2026(2) dt.08-04-2026
                                                       3/3




                     stolen one and don’t belong to the petitioner.

                                  7. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.

                                  8. The bail application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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