Patna High Court
Arjun Yadav @ Arjun Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Arjun Yadav applied for anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 234.36 litres of illicit liquor seized from a boat. The petitioner argued that he neither owned nor operated the boat and that no incriminating material was found in his possession, emphasizing his clean antecedents. The State opposed the bail, contending that the suspicion warranted detention. The court examined the facts, noting the lack of direct involvement and the petitioner’s claim of innocence, and applied the principles of anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- What is the appropriate exercise of discretion by the court in granting anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case under Section 30(a) of the Bihar Prohibition and Excise Act?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- illicit liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19987 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- MANJHI District- Saran
======================================================
Arjun Yadav @ Arjun Kumar Yadav Son of Rajdhan Yadav Resident of
Village- Yadav Nagar, Chand Diar, P.S.- Bairia, Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 234.36 litres illicit liquor
was recovered from the seized boat at Gangoprayan ghat.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither boatman nor
owner of the boat in question and he has been made accused
merely on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.19987 of 2026(2) dt.08-04-2026
2/2
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged 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 Special Judge Excise-
2, Saran at Chapra in connection with Manjhi P. S. Case No. 60
of 2026, subject to condition as laid down under Section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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