Patna High Court
Dwarika Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner subject to a bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Dwarika Prasad Yadav, the owner of a motorcycle, was implicated in an excise case for the recovery of two litres of country‑made liquor from his vehicle, alleged to violate Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. He applied for pre‑arrest bail, claiming he had no involvement with the liquor and that the motorcycle was lent to a co‑accused, and asserted a clean antecedent. The State opposed the bail. After considering the FIR, the modest quantity seized, and the petitioner's claim of false implication, the Court granted pre‑arrest bail on the condition of a Rs 10,000 bond with two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the Cr.P.C., and directed the District Court to verify his criminal antecedent. The bail order will lapse if the petitioner is found involved in other cases. The bail application was disposed of with bail granted.
Issues considered
- Whether pre‑arrest bail should be granted in an excise case involving alleged possession of two litres of illicit liquor.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) Cr.P.C. are satisfied for granting bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- excise law
- illicit liquor possession
- Section 438 CrPC
- Section 482 CrPC
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29421 of 2026
Arising Out of PS. Case No.-908 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Dwarika Prasad Yadav S/o Mahadev Yadav R/o Village - Salaiya P.S - Salaiya
District - Gayajee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan, Advocate.
For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Excise P.S. Case No. 908 of 2025 registered for the offence
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act, 2016.
3. Allegation is of recovery of 2 litres of country
made liquor from a motorcycle bearing Registration No. JH-
03U-7410.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has been falsely
implicated in the case. He has no concern either with the seized
liquor or trade of liquor in any manner. The petitioner is the
owner of the said motorcycle and he had given his motorcycle
to the co-accused for some urgent work. The petitioner has clean
antecedent.
Patna High Court CR. MISC. No.29421 of 2026(2) dt.06-05-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and recovery is only 2 litres from the motorcycle of
the petitioner, the petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
learned District Court where the case is pending in connection
with Excise P.S. Case No. 908 of 2025, subject to the condition
as laid down under Section 438(2) of the Cr.P.C / Section 482
(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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