Patna High Court
Krishna Deo Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the CrPC.
Summary
The petitioner, Krishna Deo Kumar Yadav, applied for anticipatory bail fearing arrest in an excise case (PS No. 128 of 2025) concerning the alleged recovery of 135 litres of Nepali liquor from a bike he owned. The prosecution alleged the liquor was seized from the bike, while the petitioner claimed innocence, stating he was unaware of the recovery and that the bike had been taken by another person, Laxmi Yadav. The petitioner has one prior criminal case in which he was acquitted, and the State highlighted this antecedent in opposing bail. After hearing both sides, the court considered the facts, the lack of direct possession, and the petitioner’s claim of innocence, and decided to grant bail subject to conditions. The court ordered the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the CrPC in the context of an alleged excise offence under Section 30(a) of the Bihar Excise (Prohibition) Amendment Act.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- illegal liquor
- Section 30(a)
- Section 482(2)
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2971 of 2026
Arising Out of PS. Case No.-128 Year-2025 Thana- Excise Benipatti District- Madhubani
======================================================
Krishna Deo Kumar Yadav Son of Ramchandra Yadav R/O Village -
Salempur, P.S.- Bisfi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Benipatti Excise P.S. Case No. 128 of 2025
instituted for the offence under Section 30(a) of Bihar Excise
(Prohibition) Amendment Act.
3. The case of the prosecution, in short, is that from a
bike altogether 135 liter of Nepali country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the petitioner is quite innocent and
has not committed any offence. Learned counsel has further
submitted that nothing has been recovered from the conscious
Patna High Court CR. MISC. No.2971 of 2026(2) dt.09-02-2026
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possession of the petitioner. Learned counsel for the petitioner
has further submitted that the petitioner has been framed in this
case as he is the owner of the bike. Learned counsel has further
submitted that one Laxmi Yadav has taken away the bike of the
informant on account of some urgent work. Learned counsel for
the petitioner has further submitted that the petitioner was
unaware of the alleged recovery. It has further been submitted
that the petitioner is having criminal antecedent of one case and
in that case he has been acquitted.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner. The petitioner is
having criminal antecedent of one case.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Benipatti Excise P.S. Case no. 128 of 2025,
he will be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise, Madhubani, subject to the conditions as laid
Patna High Court CR. MISC. No.2971 of 2026(2) dt.09-02-2026
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down under Section 482(2) of the BNSS.
7. Accordingly, the present bail application stands
allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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