Patna High Court
Prince Yadav @ Aditya PrakashversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, granting bail subject to specified conditions.
Summary
The petitioner, Prince Yadav, sought anticipatory bail fearing arrest in a case (Mirganj P.S. Case No. 519 of 2025) involving alleged illegal possession of 405 litres of illicit country-made liquor, charged under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the petitioner fled the scene when the seizure was made and that his name appeared in a co‑accused's confessional statement, though he claimed innocence and cited a single prior criminal antecedent. The State opposed the bail, arguing the petitioner’s flight indicated guilt. The High Court, applying Section 438(2) of the Code of Criminal Procedure and Section 482 of the BNSS, allowed the anticipatory bail with conditions including a Rs.10,000 bond, two sureties, a Rs.25,000 donation to a charitable institution, verification of his criminal record, and mandatory weekly police station attendance. The order emphasized that any default would lead to cancellation of bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in view of the alleged involvement in illicit liquor seizure.
- Whether the conditions imposed by the court, such as monetary deposit, verification of antecedents, and regular police station attendance, are lawful and appropriate.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 482
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Section 317
- Section 30
- Bihar Prohibition and Excise Act
- bail conditions
- criminal antecedent
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19320 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Prince Yadav @ Aditya Prakash Son of Abhay Yadav @ Abhay Kumar R/o
Vllage - Tillampur, Ekdanga, P.S. - Mirganj, Dist. - Gopalganj, State - Bihar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Priya Raj, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Mirganj P.S. Case No. 519 of 2025 registered
for the offence under Section 317(5) of B.N.S.S. and Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
total 405 litre of illicit country-made liquor from a car.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the name
of the petitioner has come in the confessional statement of the
co-accused. Petitioner has one criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer
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for anticipatory bail of the petitioner and submits that the
petitioner fled away from the spot when the seizure was made.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned Additional
Sessions Judge-IV- cum- Special Judge Excise Court No. II,
Gopalganj/ concerned Court below in connection with Mirganj
P.S. Case No. 519 of 2025, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Latu Maharaj Path, Opp. Circuit
House, Chapra and produce the receipt of the same before the
Court below. The bail bonds of the petitioner shall be accepted
after verifying the genuineness of the receipt produced by the
petitioner.
9. At the time of accepting the bail bonds of the
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petitioner, the Court below shall verify the statement of the
petitioner that he has only one criminal antecedent. The bail
bonds of the petitioner shall only be accepted if it is found that
he has only one criminal antecedent.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Mirganj Police Station, District- Gopalganj on every Sunday of
the month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
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