Patna High Court
Abhishek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court granted pre‑arrest bail to the petitioner, subject to a bail bond and verification of criminal antecedents.
Summary
The petitioner, Abhishek Yadav, applied for pre‑arrest bail after being implicated in a case alleging the seizure of 17.280 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he had no involvement in the possession, trade, or consumption of the liquor and that his name was supplied by a local watchman. The State opposed the bail, but the High Court noted that the liquor was recovered from an open, publicly accessible area and that the State had not effectively implemented its liquor policy. Consequently, the Court ordered that the petitioner be released on pre‑arrest bail upon furnishing a Rs 10,000 bond with two sureties, subject to Section 482(2) of the Criminal Procedure Code. The Court also directed the District Court to verify any prior criminal antecedents, and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43762 of 2026
Arising Out of PS. Case No.-284 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Abhishek Yadav, Son of Balistar Yadav, R/O Village- Machhargawa, Ward no.
12, P.S.- Bairiya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raki Alam, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard Mr. Raki Alam, learned counsel appearing on
behalf of the petitioner and Mr. Braj Kishore Pd, learned APP
for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bairiya P.S. Case No. 284 of 2026 registered for the
offence punishable under Section 30 (a) of the Bihar Prohibition
and Excise Act as amended up-to-date.
3. Allegation is of recovery of 17.280 litres of illicit
liquor from a heap of maize crop near Machhargawa Mandir
Chhat ghat.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade or consumption of illicit
Patna High Court CR. MISC. No.43762 of 2026(2) dt.08-07-2026
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liquor in any manner. The name of the petitioner has been
disclosed by local chaukidar. The recovery was made from near
a heap of maize crop near Machhargawa Mandir Chhat ghat,
which is an open place and easily accessible to anyone. On these
grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 17.280
litres of illicit liquor was made from near a heap of maize crop
near Machhargawa Mandir Chhat ghat, which is an open place
and easily accessible to any one and also the fact that the State
has failed to implement its liquor policy in its true spirit, the
petitioner, above named, is directed to be released on pre-arrest
bail, in the event of his/her arrest or surrender before the learned
District Court within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District Court where the case is pending, in
connection with Bairiya P.S. Case No. 284 of 2026, subject to
the condition as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
Patna High Court CR. MISC. No.43762 of 2026(2) dt.08-07-2026
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the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
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