Patna High Court
Ramesh Yadav @ Ramesh Kr. YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Ramesh Yadav, sought anticipatory bail fearing arrest in a case where police seized a car containing 147.78 litres of foreign liquor and five cartridges, and alleged that a large group attempted to free the vehicle. He contended that he was falsely implicated, had no possession of the seized items, the car did not belong to him, and he has a clean antecedent. The State opposed the bail, citing offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959. The Court examined the allegations, the lack of specific incriminating material against the petitioner, and the principles governing anticipatory bail under Section 438 of the CrPC read with Section 482 of the B.N.S.S. The Court granted anticipatory bail with a bond of Rs.10,000 and two sureties, imposing conditions such as presence in court, verification of antecedents, and possible cancellation on breach. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC read with Section 482 B.N.S.S. in view of the alleged offences.
- Whether the petitioner’s alleged involvement is sufficiently substantiated to deny bail.
Legislation cited
- Arms Act, 1959 — s. 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 132, 191(2), 191(3), 324(4), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- false implication
- foreign liquor seizure
- arms act
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2170 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Ramesh Yadav @ Ramesh Kr. Yadav, S/o Late Ramakant Yadav Resident of
Village - Mahaji Dera Jwahi Diyar, P.S - Haldi, District - Balia, State - Uttar
Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhilesh Kr Pandey, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned A.P.P.
for the State.
2. Petitioner apprehends his arrest in connection with
Brahmpur P.S. Case No. 181 of 2025 registered for the offences
under Sections 191(2), 191(3), 109, 132, 324(4) of the Bharatiya
Nyaya Sanhita, 2023 and Sections 27, 26 and 35 of Arms Act, 1959.
3. The allegation against the petitioner is that a car was
intercepted and total 147.780 liters of foreign liquor and five
cartridges were recovered and it is alleged that around 30 to 35
named persons, along with 10 to 15 unknown persons, came there
and tried to get the car free from the clutches of the police, however,
their efforts failed and they fled away.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case among those 35
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named accused persons. It has further been submitted that nothing
has been recovered from the conscious possession of the petitioner
and the car also does not belong to the petitioner. It has next been
submitted that there are no specific allegations against the petitioner.
It has lastly been submitted that the petitioner has clean antecedent.
5. The learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the facts and circumstances of the case and
the submissions advanced on behalf of the parties, let the petitioner
above named be released on anticipatory bail, in the event of arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Brahmpur P.S. Case No.
181 of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure read with corresponding
Section 482(2) of B.N.S.S. as well as subject to the following
conditions:-
(i) One of the bailors of the petitioner shall
be his close relative.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be cancelled by
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the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-
mentioned order shall not be delayed for purpose of or
in the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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