Patna High Court
Videshi Yadav @ Ritesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond of Rs.10,000, two sureties of equal amount, and a deposit of Rs.25,000 to a charitable organization.
Summary
The petitioner, Videshi Yadav, applied for anticipatory bail in a case where 96 litres of country-made liquor were recovered from his motorcycle, alleged to be an offence under section 30(a) of the Bihar Prohibition & Excise Act. He claimed innocence, stating he had not been arrested at the time of filing the application. The State opposed the bail. The Court, considering the facts and the fact that the petitioner was not yet arrested, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, and conditioned the bail on a deposit of Rs.25,000 to a charitable organization. The Court clarified that its order is limited to the bail application and does not prejudice the merits of the trial. The petitioner must produce the receipt of the charitable deposit when furnishing the bail bond.
Issues considered
- Whether anticipatory bail should be granted in an offence under section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the fact that the petitioner was not arrested at the time of filing the application warrants grant of anticipatory bail.
- What conditions may be imposed while granting anticipatory bail in such a case.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- section 30(a)
- liquor seizure
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26139 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- SAHPUR District- Bhojpur
======================================================
Videshi Yadav @ Ritesh Yadav S/O Manbodh Yadav R/O Vill and P.O.-
Shahpur, P.S.- Shahpur, Dist.- Bhojpur, 802165
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Abhay Kumar Pandey, Advocate
For the Opposite Party : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks anticipatory bail in
connection with Shahpur P.S. Case No.12 of 2026 registered for
the offence under section 30(a) of the Bihar Prohibition &
Excise Act.
3. There is recovery of 96 litres of country
made liquor from a motorcycle.
4. Learned counsel for the petitioner submits
that the petitioner is innocent and has falsely been implicated in
this case. He further submits that the petitioner was not arrested
on the sport.
5. Learned counsel for the petitioner also
submits that the petitioner is ready to donate Rs.25,000/- in
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some charitable organization without accepting his guilt.
6. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
7. Considering the facts and circumstances of
the case and also the fact that the petitioner was not arrested on
the sport, this application is allowed.
8. Let the petitioner, above named, in the event
of his arrest/surrender within six weeks from today in the Court
below, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Court No.2, Bhojpur at Ara / concerned Court below, in
connection with Shahpur P.S. Case No.12 of 2026.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.
Gurua, Dist. Gayaji, Bihar 824205 and produce the receipt of the
same before the Court below at the time of furnishing bail
bonds. The bail bonds of the petitioner shall be accepted after
verifying the genuineness of the receipt produced by him.
10. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
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any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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