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Patna High Court

Arvind YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to pre‑arrest bail.

Summary

The petitioner, Arvind Yadav, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 135.180 litres of illicit liquor recovered from a forest under a bridge. The petitioner claimed innocence, a clean antecedent, and argued that the recovered liquor was in an open public area, making any person liable to access it. The State opposed the bail, contending the seriousness of the offence. The Court, after reviewing the FIR and the circumstances of the recovery, found that the petitioner had made a prima facie case for bail, especially given his clean record and the open‑space nature of the alleged contraband. Accordingly, the Court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS, and directed the District Court to verify his criminal antecedent.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the circumstances of the alleged recovery of illicit liquor justify denial of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • illicit liquor
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25347 of 2026
                     Arising Out of PS. Case No.-33 Year-2026 Thana- SINDHIYA District- Samastipur
                 ======================================================
                 Arvind Yadav S/o Siya Sharan @ Siya Sharan Yadav Resident of Village -
                 Haripur, P.S. -Akona, Police Station - Singhia, District - Samastipur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                      Heard Mr. Pramod Kumar Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Raj Ballabh Singh,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Singhiya P.S. Case No. 33 of 2026 registered for the

                   offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 135.180

                   litres of illicit liquor was recovered from a forest under a bridge.

                                 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 a

                   forest under a bridge, which is an open space and is easily
Patna High Court CR. MISC. No.25347 of 2026(2) dt.22-04-2026
                                            2/3




          accessible by anyone. 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 heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that recovery of illicit liquor has

          been made from a forest under a bridge, 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 Singhiya P.S. Case No. 33 of 2026,

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.
           Patna High Court CR. MISC. No.25347 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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