Patna High Court
Yogesh Yadav @ Yogesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
The petitioner, Yogesh Yadav, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 18.8 litres of illicit liquor seized from a motorcycle. The prosecution’s case relied solely on a confessional statement of a co‑accused; no incriminating material was found in the petitioner’s conscious possession, and he was neither the driver nor the owner of the vehicle. The petitioner, represented by Mr. Prasoon Shekhar, sought anticipatory bail, asserting a clean antecedent. The State, through Mr. Bishweshwar Ram, opposed the bail. The Court, after considering the lack of direct evidence against the petitioner and his clean record, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case of alleged illicit liquor possession?
- Whether the confessional statement of a co‑accused, without any material found on the petitioner, suffices to deny anticipatory bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- Section 30
- Section 482
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36761 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Yogesh Yadav @ Yogesh Kumar Son of Parsnath @ Nanu Yadav Resident of
Village - Rampur Bangr, P.S.- Tareya Sujan, District - Kushinagar (U.P.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Shekhar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 18.800 litres illicit
liquor was recovered from the seized Motorcycle bearing Reg.
No. UP87AF5813.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and he has been made accused
only on the basis of confessional statement of co-accused.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.36761 of 2026(2) dt.25-06-2026
2/2
application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge-IV-cum-Exclusive Special Judge
Excise-II, Gopalganj in connection with Kuchaikote P. S. Case
No. 117 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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