Patna High Court
Bindeshwar Yadav @ Vineshwar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and specific conditions under Sec 438 Cr.P.C. and Sec 482 BNSS.
Summary
The petitioner, Bindeshwar Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 150 litres of illicit liquor. He contended that the liquor was not found in his personal possession and that the accusation rested solely on information from local villagers without independent witnesses. The State opposed bail, citing three prior similar criminal antecedents. The court considered the lack of direct seizure, the petitioner’s offer to deposit a sum, and the need to balance the investigation with personal liberty. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and comply with conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, including cooperation with the investigation and the possibility of cancellation if he becomes an accused in a similar case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite prior criminal antecedents.
- Whether the allegations can be substantiated without seizure from the petitioner’s possession.
- What conditions are appropriate under Section 438 Cr.P.C. and Section 482 BNSS for granting bail in this case.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- criminal antecedents
- bail conditions
- CrPC 438
- BNSS 482
- illegal liquor
- Aurangabad
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25016 of 2026
Arising Out of PS. Case No.-9 Year-2024 Thana- SALAIYA District- Aurangabad
======================================================
Bindeshwar Yadav @ Vineshwar Yadav S/o Sahdev Yadav Resident of Village
- Priwan, P.S.- Salaiya, District- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate
: Mr. Bachan Jee Ojha, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The allegation in the First Information Report is
that 150 litres of country made liquor was recovered from bush
on the hill top.
4. Learned counsel for the petitioner submits that
nothing was recovered from the personal or conscious
possession of the petitioner rather the name of the petitioner was
disclosed by some local villagers. There is no independent
witness to search and seizure.
5. Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.25016 of 2026(2) dt.01-05-2026
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anticipatory bail on the ground that the petitioner has three
criminal antecedents of similar nature.
6. At this stage, the petitioner has offered to deposit a
sum of Rs.5,000/- (Rupees Five Thousand) in Patna High Court
Legal Services Committee, Patna, bearing Account
No.1413010060836, IFSC Code: PUNB0141320, Punjab
National Bank, Bar Council Branch, Patna.
7. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail, in the event of his 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)
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 Salaiya P.S. Case No. 09 of 2024,
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 his own blood
relative, preferably, father, mother, brother,
sister.
(ii) The petitioner shall co-operate with the
investigation, if not already concluded and
make himself available as and when so
required, failing which the prosecution will be
at liberty to move cancellation of his bail bond.
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(iii) In case the petitioner is found to be made
an accused in another case of similar nature, the
prosecution/Court shall take steps to cancel the
bail bonds of the petitioner granted in this case
also.
8. The bail bond of the petitioner shall be accepted by
the learned Court below on showing receipt of deposit of the
aforesaid amount in the account of Patna High Court Legal
Services Committee, Patna.
(Soni Shrivastava, J)
anand/-
U T
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