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Patna High Court

Ramlakhan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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