Patna High Court
Ravi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
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/-
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