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Patna High Court

Bandhu Yadav @ Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to the conditions specified by the Court.

Summary

The petitioners, Bandhu Yadav and Sonu Yadav, feared arrest in a case (Dalmianagar P.S. Case No. 81 of 2026) registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 16 litres of illicit mahua liquor. They contended that they were falsely implicated based solely on information from locals, were not caught in the act, and have clean antecedents. They applied for anticipatory bail under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The State opposed the bail. The High Court allowed the anticipatory bail, directing the petitioners to furnish a bail bond of Rs 10,000 with two sureties, deposit Rs 25,000 to a charitable institution, and verify their clean antecedent, while also mandating weekly attendance at the police station. The bail is subject to cancellation on default of any condition.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 BNSS in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • clean antecedent
  • Section 30(a)
  • Section 438(2) CrPC
  • Section 482 BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38692 of 2026
                 Arising Out of PS. Case No.-81 Year-2026 Thana- DALMIYA NAGAR SAHAYAK District-
                                                          Rohtas
                 ======================================================
           1.     Bandhu Yadav @ Raushan Kumar Nanid Yadav @ Sudarshan Singh R/O
                  Village - Gangauli, P.S.- Dalmianagar, District - Rohtas
           2.    Sonu Yadav @ Chhathu Kumar Son of Suresh Yadav @ Suresh Singh
                 Resident of Village - Gangauli, P.S. - Dalmianagar, District - Rohtas

                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ashwani Kumar Tiwary, Advocate
                 For the Opposite Party/s :     Ms.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Dalmianagar P.S. Case No. 81 of 2026

                   registered for the offence under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                   3. As per the prosecution case, police raided the

                   place of occurrence and recovered 16 liters of mahua liquor and

                   materials for making illicit liquor.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case. It is next submitted that
Patna High Court CR. MISC. No.38692 of 2026(2) dt.17-06-2026
                                            2/3




          though the petitioners were not caught on the spot their names

          have been mentioned on the basis of the information, provided

          by the locals. Petitioners have clean antecedent.

                           5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioners.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioners, above named, in the event of

          their arrest or surrender before the concerned Court below

          within four weeks from today, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

          of the like amount each to the satisfaction of the learned

          Exclusive Special Judge-I, Rohtas at Sasaram/ concerned Court

          below in connection with Dalmianagar P.S. Case No. 81 of

          2026, subject to the conditions laid down in Section 438(2) of

          the Code of Criminal Procedure, 1973 / Section 482 of the

          BNSS.

                       8. This is also subject to the condition that the

          petitioners shall deposit an amount of Rs. 25,000/- in

          Ramkrishna Mission Ashrama, Luxa, Varanasi, Uttar Pradesh

          and produce the receipt of the same before the Court below. The

          bail bonds of the petitioners shall be accepted after verifying the
              Patna High Court CR. MISC. No.38692 of 2026(2) dt.17-06-2026
                                                          3/3




                        genuineness of the receipt produced by the petitioners.

                                     9. At the time of accepting the bail bonds of the

                        petitioners, the Court below shall verify the statement of the

                        petitioners that they have clean antecedent. The bail bonds of

                        the petitioners shall only be accepted if it is found that they have

                        clean antecedent.

                                     10. As a condition of this order, the petitioners after

                        being released on bail, is directed to mark their attendance at

                        Dalmianagar Police Station, District- Rohtas on every Sunday

                        of the month. Any default in appearance at the Police Station

                        will result in cancellation of bail bonds of the petitioners.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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