Patna High Court
ASHOK YADAVversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
Ashok Yadav was implicated in a case where 5 litres of country-made liquor were recovered from a motorcycle he owned, which was being driven by two co-accused who were seized at the spot. The petitioner claimed he had no knowledge of the liquor and that the co-accused had borrowed the bike for urgent work, asserting his innocence. He sought anticipatory bail, arguing that the recovery was from the co-accused's possession and not from his conscious control. The State opposed the bail, contending the seriousness of the offence under the Bihar Prohibition and Excise (Amendment) Act, 2018. The Court, after considering the submissions, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and several conditions including cooperation with the trial and non‑tampering with evidence, invoking its powers under Section 482(2) of the B.N.S.S.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of the case?
- Whether the petitioner’s ownership of the motorcycle, without conscious possession of the liquor, suffices to justify bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- motor vehicle ownership
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29173 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- KORANSARAI District- Buxar
======================================================
Ashok Yadav, S/O Sohan Yadav, R/O Vill - Kamdharpur, P.S.- Koransarai,
Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Koransarai P.S. Case No. 12 of 2026 dated 24.01.2026 instituted
for the offence punishable under Sections 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2018.
3. Allegation is of recovery of total 5 litre country
made Liquor from a motorcycle bearing Reg. No. BR4457902
which was being driven by two co-accused persons who were
apprehended at the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is further submitted that nothing has been recovered
from the conscious possession of the petitioner rather the said
Patna High Court CR. MISC. No.29173 of 2026(2) dt.06-05-2026
2/3
liquor was recovered from the possession of apprehended two
co-accused persons. The petitioner has been made accused in
this case only on the basis that he is owner of the said
motorcycle. It is further submitted that the co-accused Hareram
took motorcycle from the petitioner for doing his urgent work
and as such, the petitioner had no knowledge about the intention
of the co-accused. The petitioner has no role in this incident.
Lastly, it has been submitted that petitioner has three criminal
cases against him.
5. On the other hand, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Koransarai P.S. Case
No. 12 of 2026, he will be released on bail upon furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Court No. 1, Buxar subject to condition as laid down
under Section 482(2) of the B.N.S.S. as well as the following
conditions:-
1. Petitioner shall co-operate in the trial and shall
Patna High Court CR. MISC. No.29173 of 2026(2) dt.06-05-2026
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be properly represented on each and every date
fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his
wife.
3. The bailor shall also state on affidavit that he
will inform the court concerned if the petitioner is
made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at
liberty to move for cancellation of bail.
(Khatim Reza, J)
premchand/-
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