Patna High Court
Virendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Virendra Yadav, faced arrest in a case (Jadia P.S. Case No. 166 of 2025) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act involving the recovery of 2,907 litres of illicit liquor. He applied for anticipatory bail, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the application. The High Court, after considering the facts and the petitioner's submission, allowed the anticipatory bail with conditions: a bail bond of Rs. 10,000 with two sureties, a mandatory donation of Rs. 25,000 to Ramakrishna Math, and monthly attendance at the police station. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether anticipatory bail can be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the court may impose a monetary donation as a condition for anticipatory bail
- Appropriateness of the bail bond and surety requirements in the circumstances
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27467 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- JADIA District- Supaul
======================================================
Virendra Yadav S/o Nageshwar Yadav R/V - Koriyapatti, P.S. - Jadia, Dist.
-Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Thakur
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Jadia P.S. Case No. 166 of 2025 registered for offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
2907 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in some charitable organization without
accepting his guilt.
5. Learned APP for the State has vehemently opposed
the prayer of the petitioner.
6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.27467 of 2026(2) dt.07-05-2026
2/3
and the submission of learned counsel for the petitioner, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned concerned
Court below in connection with Jadia P.S. Case No. 166 of
2025.
(I). The petitioner shall deposit an
amount of Rs. 25,000/- (Rupees Twenty Five
Thousand Only) in Ramakrishna Math,
Bhatta Bazar, Purnea, Bihar and produce
the receipt of the same before the Court
below. The bail bonds of the petitioner shall
be accepted after verifying the genuineness
of the receipt produced by the petitioner.
(ii). The petitioner is directed to
mark his attendance in Jadia Police Station
on every Sunday of each month. Failure to
do so, will result in cancellation of bail bond
of the petitioner.
Patna High Court CR. MISC. No.27467 of 2026(2) dt.07-05-2026
3/3
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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