Created by Fuzzy Cloud

Patna High Court

Raju Yadav @ Raju @ Raju Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Raju Yadav, sought anticipatory bail fearing arrest in a case involving the seizure of 147.78 liters of liquor and live cartridges. He was charged under Sections 191(2), 191(3), 109, 132, 324(4) of the Bharatiya Nyaya Sanhita, 2023, along with Sections 27, 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that his name was implicated solely on a confessional statement of a co‑accused, which he argued lacked evidentiary value, and he had no prior criminal record. The State opposed the bail, but the court noted the lack of substantive prima facie evidence and the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. Consequently, the court granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the facts of the case
  • Whether the confessional statement of a co‑accused can form the basis for a prima facie case
  • Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita have been complied with

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • liquor seizure
  • arms seizure
  • criminal procedure
  • Section 103
  • Section 482
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7472 of 2026
                      Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Raju Yadav @ Raju @ Raju Kumar Yadav S/o Umashankar Yadav Resident
                 of Village - Javahi, P.O - Balua, P.S - Brahampur, District - Buxar


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar Pradhan, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   04-02-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Brahmpur P.S. Case No. 181 of 2025, registered under Sections

                   191(2), 191(3), 109, 132, 324(4) of the Bharatiya Nyaya

                   Sanhita, 2023, read with Sections 27, 26 and 35 of the Arms Act

                   and Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 147.780 liters

                   liquor was recovered from roadside. It is further alleged that

                   there is recovery of live cartridges from the place of occurrence.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.7472 of 2026(2) dt.04-02-2026
                                            2/3




          present case. The petitioner has got no concern with the alleged

          recovery of liquor and arms. Learned counsel for the petitioner

          also submitted that name of the petitioner has transpired in this

          case during investigation on the basis of confessional statement

          made by co-accused, namely, Shyam Sundar Yadav and the

          same has got no evidentiary value. Learned counsel for the

          petitioner, therefore, contends that prima-facie, no case is made

          out against the petitioner. The petitioner has got no criminal

          antecedent. Learned counsel for the petitioner further submits

          that other co-accused has been granted anticipatory bail by this

          Court vide order dated 30.01.2026 passed in Cr. Misc. No. 4083

          of 2026. There is no compliance of Section 103 of the Bharatiya

          Nagarik 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,

          let the petitioner, above named in the event of arrest/surrender

          before the learned Court below 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 Brahmpur P.S. Case
             Patna High Court CR. MISC. No.7472 of 2026(2) dt.04-02-2026
                                                         3/3




                       No. 181 of 2025, subject to the conditions as laid down under

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

                       2023.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.