Patna High Court
Barjesh Kumar Yadav @ Brijesh Kumar yadav @ Brajesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and a condition for possible cancellation if an antecedent under the Act is later established.
Summary
The petitioner, Barjesh Kumar Yadav, applied for anticipatory bail fearing arrest in a case (Dhanaha P.S. Case No.381 of 2025) under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016, where 23 litres of country liquor was recovered from a motorcycle registered in his name. He contended that the motorcycle had been sold before the incident, no incriminating article was found in his possession, and he had no prior criminal record. The State opposed the bail, arguing the recovery of liquor linked the petitioner to the offence. The Court, noting the petitioner’s lack of arrest, clean antecedent, and the circumstances of the sale, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition that bail may be cancelled if an antecedent under the Act is later discovered. The order directed the petitioner to surrender within four weeks to the Special Judge Excise, Bagaha, West Champaran.
Issues considered
- Whether anticipatory bail is appropriate in a case involving alleged possession of liquor under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s claim of having sold the motorcycle prior to the incident and the absence of any incriminating article in his possession negate liability.
- Whether the petitioner’s clean criminal record and the fact that he has not been arrested at the spot justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(1)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- bail bond
- sureties
- motor vehicle ownership
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31209 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
Barjesh Kumar Yadav @ Brijesh Kumar Yadav @ Brajesh Kumar Yadav, S/O
Chanda Yadav, R/o Village- Redaha, Police Station- Bhitaha, District- West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shahbaj Alam, Advocate
Mr. Irfan Ahmad Ansari, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Dhanaha P.S. Case no.381 of 2025, registered under
sections 30(a) and 41(1) of the Bihar Prohibition and Excise
Act, 2016.
3. As per the prosecution case, 23 litres of country
liquor was recovered from the motorcycle of which the
petitioner happens to be the registered owner while the
petitioner managed to escape.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered either from the
Patna High Court CR. MISC. No.31209 of 2026(2) dt.13-05-2026
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petitioner’s possession or from his motorcycle. He has been
falsely implicated in the case. In fact he had sold the motorcycle
prior to the date of occurrence, however the same had not been
registered in the name of the purchaser. The petitioner has no
criminal antecedent and undertakes to cooperate in the
investigation/trial.
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 allegations against the petitioner in
the F.I.R., the petitioner not having been arrested at the spot and
especially his not having any criminal antecedent, 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
Dhanaha P.S. Case no.381 of 2025 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, Bagaha, West Champaran on the following condition :-
(I) If it subsequently transpires that the petitioner has
an antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
Patna High Court CR. MISC. No.31209 of 2026(2) dt.13-05-2026
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cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
avinash/-
U T
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