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Patna High Court

Ravi YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted subject to strict conditions, despite the allegations and the petitioners’ criminal antecedents.

Summary

The petitioners, Ravi Yadav and Vikash Yadav, sought anticipatory bail after an FIR alleged that 21.75 litres of foreign liquor were recovered from a public place under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. They argued that the recovery was made without an independent witness and not from their personal possession, while the State opposed bail citing their criminal antecedents, though they were already on bail in related matters. The Court examined whether the lack of a direct seizure from the petitioners and the absence of an independent witness justified granting bail. It also considered the relevance of the petitioners’ prior criminal record to the grant of anticipatory bail. The Court granted anticipatory bail, imposing a bond of Rs.10,000 each, two sureties, a relative as bailor, and a condition of cooperation with the investigation, with the power to cancel bail for non‑compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C/Section 482 BNSS in view of the allegations under the Bihar Prohibition and Excise Amendment Act, 2018.
  • Whether the absence of an independent witness and the fact that the seizure was from a public place affect the grant of bail.
  • Whether the petitioners’ criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • Section 30
  • public place seizure
  • criminal antecedent
  • Cr.P.C. Section 438
  • BNSS Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24999 of 2026
                        Arising Out of PS. Case No.-21 Year-2026 Thana- Dhobaha District- Bhojpur
                 ======================================================
           1.     Ravi Yadav Son of Late Jagan Yadav Resident of Village- Salempur, P.S.-
                  Dhobhan, District- Bhojpur
           2.     Vikash Yadav @ Vikash Yadav @ Vkash Yadav Son of Tarkeshwar Yadav
                  Resident of Village- Salempur, P.S.- Dhobhan, District- Bhojpur
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shiv Prasad Gupta, Advocate
                 For the Opposite Party/s :        Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 30(a) of

                   the Bihar Prohibition and Excise Amendment Act, 2018.

                                3. The allegation in the First Information Report is

                   that 21.750 litres of foreign liquor was recovered from plastic

                   sack which was kept at public place.

                                4. Learned counsel for the petitioners submits that the

                   name of the petitioner has been disclosed by the local

                   chaukidar. There is no independent witness to the search and

                   seizure and the recovery has been made from the public place,

                   which is easily accessible to others. It is further submitted that

                   there is no recovery from the personal or conscious possession

                   of the petitioners.
            Patna High Court CR. MISC. No.24999 of 2026(2) dt.01-05-2026
                                                        2/2




                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the ground that petitioners have criminal

                      antecedent. However, it has been submitted that the petitioners

                      are on bail in the said cases.

                                   6.     Taking     into     consideration   the    facts   and

                      circumstances of the case, let the above named petitioners, be

                      released on bail, in the event of their arrest or surrender before

                      the learned Court below within a period of four weeks from

                      today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

                      Thousand) each 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 Dhoban P.S. Case

                      No. 21 of 2026, subject to the condition as laid down under

                      Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya

                      Nagarik Suraksha Sanhita (BNSS), 2023, subject to further

                      condition(s):

                                        (i) One of the bailors will be their own blood relative,
                                        preferably,      father,      mother,     brother,sister.
                                        (ii) The petitioners shall co-operate with the
                                        investigation, if not already concluded and make
                                        themselves available as and when so required, failing
                                        which the prosecution will be at liberty to move
                                        cancellation of their bail bond.


                                                (Soni Shrivastava, J)

anand/-
U       T


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