Patna High Court
Bandhu Yadav @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
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
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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
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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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