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Patna High Court

Devendra Prasad Yadav @ Devendra Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is appropriate as no prima facie case exists against the petitioner.

Summary

The petitioner, Devendra Prasad Yadav, feared arrest in a case (Garhi P.S. Case No. 148 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act after 50 litres of liquor were seized from a motorcycle. He argued that he was not named in the FIR and was only the registered owner of the vehicle, having no knowledge of the contraband. The petitioner also highlighted that a co‑accused had already been granted bail and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, but the court found no prima facie case against the petitioner. Consequently, the court ordered anticipatory bail, subject to a bond of Rs. 15,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 30(a)
  • Section 103
  • Section 482(2)
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4505 of 2026
                         Arising Out of PS. Case No.-148 Year-2025 Thana- GARHI District- Jamui
                 ======================================================
                 Devendra Prasad Yadav @ Devendra Kumar Yadav S/O Narayan Yadav R/O
                 Village- Pachrukhi, P.S- Malaypur, Distt.- Jamui.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Ankita Kumari, Advocate
                 For the Opposite Party/s :        Mrs. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Garhi P.S. Case No. 148 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 50 litres

                   of liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   petitioner is not named in the FIR. It is further submitted that

                   the name of the petitioner has transpired as being the owner of

                   the vehicle in question and has no knowledge regarding the
             Patna High Court CR. MISC. No.4505 of 2026(2) dt.30-01-2026
                                                         2/2



                       goods loaded in the vehicle. Petitioner has no concern with the

                       alleged recovery. The other co-accused person has already been

                       granted bail by this court vide order dated 19.11.2025 passed in

                       Cr. Misc. No.78078/2025. Learned counsel, therefore, submitted

                       that prima-facie, no case is made out against the petitioner. The

                       petitioner has one criminal antecedent. There is no compliance

                       of Section 103 of the Bharatiya Nagarika Suraksha Sanhita,

                       2023.

                                  5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                       the case, let the petitioner, above named, in the event of

                       arrest/surrender before the lower court within a period of six

                       weeks from today, be released on anticipatory bail on furnishing

                       bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Garhi P.S. Case No.

                       148 of 2025, subject to the conditions as laid down under

                       Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                       2023.



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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