Patna High Court
Subhash Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions, finding no offence established to bar such relief.
Summary
The petitioner, Subhash Kumar Yadav, sought anticipatory bail fearing arrest in a case where police, acting on secret information, seized 8.100 litres of Nepali liquor from a motorcycle he owned, invoking sections 274/275 of the Bihar Narcotic/Excise statutes and section 30(a) of the Bihar Prohibition and Excise Act. He argued that the motorcycle was lent for emergency services and that he had only one prior criminal antecedent, contending he was wrongly implicated. The State opposed, emphasizing his ownership of the vehicle and prior record. Relying on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar under Section 76(2) if no offence is established, the court granted anticipatory bail with stringent conditions, including bond, sureties, regular appearances, and non‑interference with witnesses. The order directed that bail be effected upon arrest or surrender within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s ownership of the motorcycle and prior criminal antecedent justify denial of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- seizure of liquor
- motorcycle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20804 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- KHUTAUNA District- Madhubani
======================================================
Subhash Kumar Yadav Son of Ram Narayan Yadav Resident of Village-
Madhopur, P.S.- Laukayha, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Khutauna P.S. Case No. 3 of 2026 for the offence
under sections 274/275 of the BNS and section 30(a) of the Bihar
Prohibition and Excise Act lodged on 07.01.2026.
3. As per the prosecution story, the Police on secret
information, intercepted a motorcycle and from it, there is
recovery/seizure of 8.100 liters of Nepali country made liquor.
This led to the FIR.
4. Learned counsel for the petitioner submits that only
because of one criminal antecedent and motorcycle belonging to
him, got implicated. It was actually given to the villager for
emergency services which was misused.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in the
case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)
PLJR 1089 wherein it has been held that an application for
Patna High Court CR. MISC. No.20804 of 2026(2) dt.08-04-2026
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anticipatory bail in a case arising out of Bihar Excise and
Prohibition Act can be maintained, despite the bar under Section
76(2) of the Act, if on the basis of allegation made in the FIR, no
offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that he
owns the motorcycle and has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that there is no recovery from his conscious possession and an
undertaking has been given that he shall be diligently appearing in
trial, in that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned Special Judge, Excise Act, Jhanjharpur, Madhubani in
connection with Khutauna P.S. Case No. 3 of 2026 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
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Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be taken
for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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