Patna High Court
Devendra Prasad Yadav @ Devendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
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
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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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