Patna High Court
Anuj Kumar @ Anuj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the petitioner is entitled to anticipatory bail, subject to strict conditions, as the prosecution has not established a prima facie case and the petitioner has offered adequate security.
Summary
The petitioner, Anuj Kumar Yadav, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly delivering 85 litres of illicit liquor via a motorcycle. He contended that he had no connection to the vehicle or the liquor and that his name was supplied solely by the apprehended individual without any independent witness. The State opposed anticipatory bail, citing two prior similar offences, though the petitioner was already on bail in those matters. The petitioner offered to deposit a monetary guarantee and complied with the court’s procedural requirements. The High Court, after considering the facts and the petitioner’s willingness to furnish security, granted anticipatory bail with a bond of Rs.10,000, two sureties, and specific conditions including cooperation with the investigation and a relative as a bailor.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. in a case involving alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents of a similar nature preclude the grant of anticipatory bail.
- Whether the lack of independent witness testimony affects the sufficiency of the prosecution’s case for denial of bail.
- What conditions may be imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- Cr.P.C. Section 438
- BNSS 2023 Section 482
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25974 of 2026
Arising Out of PS. Case No.-887 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Anuj Kumar @ Anuj Kumar Yadav S/O Vijay Yadav VILLAGE- Bajwatari,
P.S. - Rajauli, DISTRICT- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 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 85 litres of country made liquor has been recovered from a
motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner has no concern with the said motorcycle or with the
seized liquor. The name of the petitioner has come on the basis
of disclosure made by the apprehended person that it was the
petitioner who gave motorcycle and liquor to deliver, however,
there is no independent witness to the search and seizure.
Patna High Court CR. MISC. No.25974 of 2026(2) dt.24-04-2026
2/3
5. Learned APP for the State opposed the prayer for
anticipatory bail and submits that the petitioner has two criminal
antecedents of similar nature. However, in response it has been
submitted that the petitioner is on bail in both the cases.
6. Petitioner has offered to deposit a sum of
Rs.3,000/- (Rupees Three 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 Nawada Excise P.S. Case No. 887 of
2025, 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 the condition(s) that:
(i) One of the bailors will be his own blood relative,
preferably, father, mother, brother, sister.
(ii) The petitioner shall co-operate with the
Patna High Court CR. MISC. No.25974 of 2026(2) dt.24-04-2026
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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.
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/-
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