Patna High Court

ARVIND YADAVversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner.

Summary

Arvind Yadav applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where police alleged he was involved in illegal liquor manufacturing after a secret tip. The police recovered 50 litres of illicit country liquor and 20 litres of mahua liquor from an open area, not from the petitioner’s premises. The petitioner claimed innocence, no prior criminal record, and that the accusation was based solely on a local watchman's statement. The court considered the lack of recovery from the petitioner’s property and his clean antecedent, and found no reason to deny bail. Consequently, the court granted anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under the Bihar Prohibition and Excise Act
Whether the absence of liquor recovery from the petitioner’s premises and his clean criminal record justify granting bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal antecedent
illegal liquor manufacturing
Section 482(2)
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8032 of 2026
                       Arising Out of PS. Case No.-326 Year-2025 Thana- CHAKAND District- Gaya
                 ======================================================
                 Arvind Yadav S/o Maheshar Yadav Resident of Village- Bahadurbigha, P.S.-
                 Chakand, District- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Nandan Prasad, Advocate
                 For the Opposite Party/s :      Mr. Shaheen Begum, 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 Chakand Police Station Case No. 326 of 2025,

                   disclosing offences under Sections 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, as per the First

                   Information Report, is that on 30.11.2025, the police

                   received secret information that near the Badhar and Ahara

                   of village Bahadur Bigaha, some persons including the

                   petitioner, were illegally manufacturing liquor. On the said

                   information, the police party reached near the place of

                   occurrence. Upon seeing the police party, the accused
Patna High Court CR. MISC. No.8032 of 2026(2) dt.17-02-2026
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          persons allegedly fled away from the spot. On search, total

          50 litres of illicit country-made liquor and 20 litres of

          mahua liquor was recovered from the said place.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case. Learned counsel further submits that petitioner is

          having no criminal antecedent and he has been made

          accused on the basis of disclosure made by the local

          chaukidar. Liquor has not been recovered from the premises

          belonging to the petitioner and the same has been recovered

          from the Badhar which is an open space accessible to

          everyone.

                       5. Regards being had to the submissions made by

          the parties and taking into consideration the fact that

          petitioner is having no criminal antecedent and the illicit

          liquor has not been recovered from the premises belonging

          to the petitioner, 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
           Patna High Court CR. MISC. No.8032 of 2026(2) dt.17-02-2026
                                                       3/3




                     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

                     Excise Court No.-4, Gaya, in connection with Chakand

                     Police Station Case No. 326 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

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