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Patna High Court

Upendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioner was not arrested and no incriminating article was recovered from his possession, subject to a bail bond and sureties.

Summary

The petitioner, Upendra Yadav, applied for anticipatory bail fearing arrest in a case registered under sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016, where 30 litres of liquor was recovered from his dhala along with other accused. The petitioner contended that no incriminating article was found in his possession and that he was falsely implicated. The State opposed the bail. The Court, noting that the petitioner had not been arrested at the spot and that no incriminating material was recovered from him, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties of the same amount, to be filed before the Special Judge Excise Court. The order directs that the bail be effective if the petitioner is arrested or surrenders within four weeks. The decision reflects the Court's discretion to grant anticipatory bail when the facts do not justify immediate detention.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016 given the circumstances of the case.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition and excise
  • liquor seizure
  • criminal procedure
  • bail bond
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.27588 of 2026
                         Arising Out of PS. Case No.-91 Year-2026 Thana- OBRA District- Aurangabad
                 ======================================================
                 Upendra Yadav S/o Surya Dayal Yadav R/o Village - Mahadewa, PS - Obra,
                 District - Aurangabad State - Bihar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Rupa Kumari, Advocate
                 For the Opposite Party/s :         Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   29-04-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Obra P.S. Case no. 91 of 2026 registered under sections

                   30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2016.

                                 3. As per the prosecution case, 30 litres of liquor was

                   recovered from the dhela of the petitioner besides other

                   recovery from the dhela of other accused persons namely Ravi

                   Kumar and Mantosh Paswan.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from his possession or

                   his dhela. He has been falsely implicated in the case because of

                   his     antecedents.        He     undertakes       to     cooperate       in     the

                   investigation/trial.
           Patna High Court CR. MISC. No.27588 of 2026(2) dt.29-04-2026
                                                       2/2




                                  5. The application for anticipatory bail is opposed by

                     learned A.P.P. for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the nature allegation against the

                     petitioner in the F.I.R., the petitioner not having been arrested at

                     the spot nor any incriminating article having been recovered

                     from his possession, it is directed that the petitioner above

                     named, in the event of his arrest or surrender before the learned

                     Court below within a period of four weeks, be released on

                     anticipatory bail in connection with Obra P.S. Case no. 91 of

                     2026 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 Special Judge Excise Court no.2,

                     Aurangabad.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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