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Patna High Court

Surendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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