Patna High Court
Budhan Yadav @ Budheshwar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Given the petitioner’s clean antecedent, absence from the scene, and lack of possession, the High Court exercised its inherent powers under Section 482(2) to grant anticipatory bail.
Summary
Budhan Yadav sought anticipatory bail after being implicated in a case (PS Case No. 438 of 2025) for alleged possession of 159.39 litres of foreign liquor recovered from a house attributed to him under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that he had no criminal antecedent, was not present at the premises, and was falsely implicated due to village politics, with no liquor found in his conscious possession. The State opposed bail, contending that the liquor was recovered from the petitioner’s house. The Court considered the clean antecedent, the petitioner’s non‑presence at the scene, and the lack of direct evidence linking him to the seized liquor. Relying on its inherent powers under Section 482(2) of the B.N.S.S., the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged recovery of foreign liquor from his house.
- Whether the facts disclosed establish a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor
- political victimisation
- clean antecedent
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7803 of 2026
Arising Out of PS. Case No.-438 Year-2025 Thana- BAHADURPUR District- Darbhanga
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Budhan Yadav @ Budheshwar Yadav S/o Ram Prakash Yadav @ Ram Pd
Yadav @ Ram Prasad Yadav R/o - Raghepura, P.S - Bahadurpur, District -
Darbhanga, Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv.
For the State : Md. Nazir Ansari, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Bahadurpur P.S. Case No. 438 of 2025
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. As per prosecution case, there is alleged recovery
of 159.39 litre foreign liquor from brick built house of the
petitioner thatched with asbestos.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case due to
village politics. He further submits that the alleged place of
Patna High Court CR. MISC. No.7803 of 2026(2) dt.18-02-2026
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recovery is an unlocked house and no family member of the
petitioner resides in the said house. Petitioner bears no criminal
antecedent. He further submits that nothing has been recovered
from conscious possession of the petitioner. Petitioner was not
found at the place of occurrence. Petitioner has no concern with
the seized liquor. In the light of the aforesaid facts and
circumstances of the case, no case is made out against the
petitioner under the provisions of Bihar Prohibition and Excise
Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that 159.39
litre foreign liquor has been recovered from brick built house of
the petitioner and hence, petitioner cannot escape from the
allegation made in the FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, petitioner
was not found at the place of occurrence, argument advanced on
behalf of both sides and also taking into consideration the
material available on record, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees
Patna High Court CR. MISC. No.7803 of 2026(2) dt.18-02-2026
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ten thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge-1 (Excise Act), Darbhanga
in connection with Bahadurpur P.S. Case No. 438 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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