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Patna High Court

Dhuran Yadav @ Dhoran YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

The petitioner, Dhuran Yadav, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 48.240 litres of illicit liquor seized from two motorcycles. The prosecution alleged the liquor was recovered, but the petitioner argued that no incriminating material was found in his conscious possession, he was neither the driver nor the owner of the vehicles, and his accusation rested solely on a confessional statement of another apprehended accused. The State opposed the bail application. The High Court, after considering the facts, granted anticipatory bail, directing that if arrested within eight weeks, the petitioner could be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also stipulated compliance with the Exclusive Special Judge of the Excise Court, Buxar.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the lack of direct possession and reliance on a confessional statement.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • confessional statement
  • possession
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40383 of 2026
                      Arising Out of PS. Case No.-125 Year-2026 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Dhuran Yadav @ Dhoran Yadav S/o Brij Bihari Yadav R/o Vill - Piparadih
                 ,P.S- Bagengola Dist -Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-06-2026                   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, 48.240 litres illicit liquor

                   was recovered from two seized motorcycles.

                                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 vehicles in question and he has been made accused

                   merely on the confessional statement of apprehended accused.

                   Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State opposed the bail

                   application.
              Patna High Court CR. MISC. No.40383 of 2026(2) dt.30-06-2026
                                                          2/2




                                     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 Exclusive Special

                        Judge, Excise Court No. 2, Buxar in connection with Brahmpur

                        P. S. Case No. 125 of 2026, subject to condition as laid down

                        under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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