Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to a bail bond and a charitable donation condition.
Summary
The petitioner, Surendra Yadav, was implicated in Athmalgola P.S. Case No.195 of 2020 for alleged possession of 15 tins of jaggery recovered from his tempo, which were said to be used in manufacturing illicit liquor under Section 30(d) of the Bihar Prohibition & Excise Act. He asserted his innocence, claiming false implication, and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The Patna High Court, after evaluating the facts and the petitioner’s ownership of the tempo, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition to deposit Rs.25,000 with the Ramakrishna Mission Ashram, producing the receipt. The Court clarified that its observations are limited to the bail order and do not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(d) of the Bihar Prohibition & Excise Act
- Whether the petitioner’s ownership of the tempo justifies bail
- Whether imposing a charitable donation as a condition of bail is permissible
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(d)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- illicit liquor
- bail conditions
- charitable donation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26375 of 2026
Arising Out of PS. Case No.-195 Year-2020 Thana- ATHMALGOLA District- Patna
======================================================
Surendra Yadav Son of Faudari Yadav R/O village - Ghangh Dih, P.S.-
Athmalgola, District - Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party : Mr. Tarun Prasad Mandal, 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 Athmalgola P.S. Case No.195 of 2020
registered for the offence under section 30(d) of the Bihar
Prohibition & Excise Act.
3. It is alleged that 15 tins of jaggery used for
manufacturing illicit liquor has been recovered from a tempo.
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 is the owner of
the tempo from which the tins of jaggery have been recovered.
5. Learned counsel for the petitioner also
submits that the petitioner is ready to donate Rs.25,000/- in
some charitable organization without accepting his guilt.
Patna High Court CR. MISC. No.26375 of 2026(2) dt.06-05-2026
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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 is the owner of the
tempo from which 15 tins of jaggery have been recovered, 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 concerned Court below, in
connection with Athmalgola P.S. Case No.195 of 2020.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Nala Road, Patna 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
Patna High Court CR. MISC. No.26375 of 2026(2) dt.06-05-2026
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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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