Patna High Court
Ramlakhan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that, given the circumstances and the petitioner’s claim of non‑possession, anticipatory bail may be granted subject to a bond and conditions under the BNSS, 2023.
Summary
The petitioner, Ramlakhan Yadav, was implicated in a 2017 case concerning the seizure of 13.860 litres of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. He filed an application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, asserting that he was not in possession of the liquor and that the motorcycle from which the liquor was recovered had been sold to a co‑accused. The State opposed the bail, contending that the petitioner was the owner of the motorcycle and therefore liable. The Court examined the facts, noted the petitioner’s clean record, and considered the possibility of imposing conditions. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 30,000 and comply with conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482 of the BNSS, 2023 to the petitioner in the context of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- motorcycle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21924 of 2026
Arising Out of PS. Case No.-606 Year-2017 Thana- BODHGAYA District- Gaya
======================================================
Ramlakhan Yadav S/o Ramvriksha Yadav @ Ram Brij Yadav Resident of
Village- Sundar Kumhari, P.S.- Barachatti, Distt.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Bodhgaya P.S. Case No. 606 of 2017, lodged
on 27.10.2017, under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2016.
3. As per the prosecution, FIR has been lodged against
three named accused persons including the present petitioner.
Total recovery of 13.860 litres of foreign liquor has been made
which is the subject matter of the present case.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.21924 of 2026(2) dt.08-04-2026
2/2
submits that the recovery has not been made from the
possession of the petitioner. Counsel submits that petitioner is
the owner of the motorcycle and due to this reason his name has
surfaced in this case. He submits that the petitioner has sold the
motorcycle to co-accused Subodh Kumar. Counsel submits that
the criminal antecedent of the petitioner is clean. Counsel
further submits that petitioner is ready to fulfill all the
conditions whatsoever shall be imposed upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that petitioner is the owner of
the motorcycle.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Court No.I, Gayaji, in
connection with Bodhgaya P.S. Case No. 606 of 2017, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Mkr./-
U T
Checking your session…