Created by Fuzzy Cloud

Patna High Court

Ramamin Yadav @ Ramadhin YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.