Patna High Court
Ramamin Yadav @ Ramadhin YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under its inherent powers.
Summary
Ramamin Yadav applied for anticipatory bail after the police seized 270 litres of illicit liquor and two motorcycles in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner contended that the motorcycle linked to him (registration BR‑32S1776) was merely lent to a friend and that no contraband was recovered from his constructive possession, emphasizing his clean record. The State opposed the bail, arguing the seriousness of the offences. The High Court, noting the lack of any material recovered from the petitioner’s possession and his absence of prior criminal history, exercised its inherent powers under Section 482(2) of the B.N.S.S., 2023 and granted anticipatory bail. The order required a bail bond of Rs 10,000 with two sureties and stipulated surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted when the seized contraband is not found in the petitioner’s constructive possession.
- Whether the petitioner’s clean criminal record warrants bail despite the seriousness of the offences under the Bihar Narcotic Substances Act and the Bihar Prohibition & Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- anticipatory bail
- constructive possession
- Bihar Narcotic Substances Act
- Bihar Prohibition & Excise Act
- Section 482
- clean criminal record
- seizure
- motorcycle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33954 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- MADHWAPUR District- Madhubani
======================================================
Ramamin Yadav @ Ramadhin Yadav S/o Rajendra Yadav Resident of Village-
Bairwa, PS- Madhwapur, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Adv.
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and
learned APP through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Madhwapur P.S. Case No.38 of 2026, F.I.R.
dated 10.03.2026, arising out G.R. Case No.371 of 2026
registered for the offences punishable under Section 274, 275 of
the BNS and 30(a) of Bihar Prohibition & Excise Act.
3. As per the prosecution case, on 10.03.2026, the
informant fave a written application to the S.H.O. of
Madhwapur police station, alleging, during Naka inspection,
some bikers were carrying good in the basket behind bike. As
soon as the Naka party chased them, they dropped the bikes and
baskets and fled away. In search, total 270 liters of Nepali
country made liquor and two motorcycles were seized from the
Patna High Court CR. MISC. No.33954 of 2026(2) dt.21-05-2026
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place of occurance.
4. Learned counsel for the petitioner submits that the
recovery has been made from two motorcycles, out of which
one motorcycle, bearing registration no. BR-32S1776, belongs
to the petitioner, however as a matter of fact the said motorcycle
was given to his friend namely Nandu Kumar Yadav for his
personal use. It is the case of the petitioner that nothing has been
recovered from the constructive possession of this petitioner and
he has been falsely implicated in this case merely on the basis of
suspicion. Petitioner has no criminal antecedent and is ready to
abide by all terms and conditions as may be imposed by this
Court while granting the privilege of anticipatory bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submissions made by the
parties, and taking into consideration the fact that the seized
article has not been recovered from the constructive possession
of the petitioner and he has no criminal antecedent, this Court is
inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
Patna High Court CR. MISC. No.33954 of 2026(2) dt.21-05-2026
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furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge Excise Act, Madhubani in
connection with Madhwapur P.S. Case No.38 of 2026 subject to
the condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
shikha/-Rajan/-
U T
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