Patna High Court
Balchand Yadav @ Bachan Prasad @ Balchand PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Balchand Yadav, sought 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 4 litres of illicit liquor seized from a motorcycle. The prosecution alleged the liquor was recovered from the vehicle, but the petitioner contended he was neither the driver nor the owner and that no incriminating material was found in his conscious possession. The court noted the petitioner’s clean antecedent and the lack of direct evidence linking him to the contraband. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail, directing that if arrested within eight weeks, he could be released on a bail bond of Rs. 10,000 with two sureties. The order also imposed conditions as prescribed by the Special Excise Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- 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.22016 of 2026
Arising Out of PS. Case No.-114 Year-2019 Thana- FATEHPUR District- Gaya
======================================================
Balchand Yadav @ Bachan Prasad @ Balchand Prasad Son of Manohar
Yadav Resident of Village- Gajhandih, Majhauli, P.S.- Fatehpur, District-
Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate
For the Opposite Party/s : Mr. Nand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 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, 4 litres illicit liquor was
recovered from the seized motorcycle bearing Reg. No.
BR2P3934.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question. Name of the petitioner
transpired during investigation. Petitioner claims clean
antecedent.
Patna High Court CR. MISC. No.22016 of 2026(2) dt.15-04-2026
2/2
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering the aforesaid facts and circumstances
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 Exclusive Special Excise
Court No. 4, Gaya Ji in connection with Fatehpur P. S. Case No.
114 of 2019, 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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