Patna High Court
Kaushal Yadav @ Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as the allegations are prima facie weak and he has a clean antecedent.
Summary
The petitioner, Kaushal Yadav, sought pre‑arrest bail in a case registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act for alleged recovery of 250 litres of illicit liquor from an open pond. He claimed innocence, a clean criminal record, and argued that the liquor was recovered from a publicly accessible area, making any link to him tenuous. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions and noting the open‑space recovery and the petitioner’s clean antecedent, held that the petitioner had made out a prima facie case for bail. Accordingly, the Court directed his release on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, and ordered the District Court to verify his criminal antecedents.
Issues considered
- Whether pre‑arrest bail should be granted in a case under the Bihar Prohibition and Excise Act where the alleged contraband was recovered from an open, publicly accessible area.
- Whether the petitioner’s clean antecedent and the State’s alleged failure to implement its liquor policy justify granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- open space recovery
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25094 of 2026
Arising Out of PS. Case No.-359 Year-2025 Thana- GOVINDPUR District- Nawada
======================================================
Kaushal Yadav @ Kaushal Kumar Son of Rajan Yadav @ Ranjay Yadav R/O
Vill.- Jafara, P.S.- Govindpur, Distt. - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Birendra Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Awadhesh Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Govindpur P.S. Case No. 359/2025 registered for the
offence(s) punishable under Sections 30(a) and 41 of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR,11.250 litres
of illicit liquor was recovered near a pond.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
submitted that recovery of illicit liquor has been made from the
pond, which is an open space and is easily accessible by anyone.
Patna High Court CR. MISC. No.25094 of 2026(2) dt.22-04-2026
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Petitioner has no concern either with the place of recovery or
with the alleged recovered liquor. Petitioner has clean
antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that the recovery of illicit liquor
has been made from the pond, which is an open space and is
easily accessible by anyone and also the fact that the State has
failed to implement its liquor policy in its true spirit, I am of the
opinion that petitioner, who is having clean antecedent, has,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court 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 learned Concerned Court where the case is
pending in connection with Govindpur P.S. Case No. 359/2025,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
Patna High Court CR. MISC. No.25094 of 2026(2) dt.22-04-2026
3/3
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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