Patna High Court
Raju Yadav @ Raju @ Raju Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 26, 27, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 132, 191(2), 191(3), 324(4)
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
Checking your session…