Patna High Court
Anil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Anil Yadav, applied for anticipatory bail in a case where police alleged that he and co‑accused were unloading foreign liquor from a truck, violating Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act. The police acted on secret information and recovered large quantities of foreign liquor, but the petitioner asserted that he was neither the owner of the truck nor the motorcycle involved. The court examined the claim that the petitioner was falsely implicated based solely on secret tips and noted the lack of any ownership link. Considering these facts, the court was inclined to grant anticipatory bail, subject to standard bail conditions and the proviso under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The application was therefore allowed, directing that the petitioner be released on bail if arrested within four weeks, upon furnishing a bail bond and sureties.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the reliance on secret information and the petitioner’s lack of ownership of the vehicle preclude prosecution
- Whether the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are applicable
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor
- secret information
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7788 of 2026
Arising Out of PS. Case No.-137 Year-2025 Thana- GADHPURA District- Begusarai
======================================================
Anil Yadav S/o Sukhdev Yadav R/o vill - Laxmipur, P.S.- Garhpura, Distt.-
Begusarai, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Garhpura Police Station Case No. 137 of 2025,
disclosing offences under Sections 30(a), 41(1) and 41(2) of
Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First
Information Report, is that on 23.12.2025, police received
secret information that petitioner along with other co-
accused persons were unloading foreign liquor from a truck.
Upon such information, police party arrived at the place of
occurrence and upon seeing the police party, the accused
persons succeeded in fleeing away. Upon search, 542.107
Patna High Court CR. MISC. No.7788 of 2026(2) dt.17-02-2026
2/3
litres of foreign liquor was recovered from the truck and
17.640 litres of foreign liquor was recovered from the
motorcycle.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in
this case only on the basis of secret information. Referring
to the paragraph 10 of the this petition, learned counsel
submits that the petitioner is neither the owner of the truck
nor the motorcycle.
5. Regards being had to the submissions made by
the parties and taking into consideration the fact that
petitioner is neither the owner of the truck nor the
motorcycle and his name has transpired on the basis of
secret information, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Patna High Court CR. MISC. No.7788 of 2026(2) dt.17-02-2026
3/3
Excise Judge-I, Begusarai, in connection with Garhpura
Police Station Case No. 137 of 2025, subject to the
condition laid down under Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
Checking your session…