Patna High Court
Chhathu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail, subject to conditions, as he has made out a prima facie case of innocence.
Summary
The petitioner, Chhathu Kumar Yadav, sought pre‑arrest bail in an excise case where 96.48 litres of illicit liquor were seized from a vehicle he owned but was not driving. He claimed innocence, stating he was not present at the time of seizure and had no knowledge that his driver was transporting liquor. The State opposed the bail, invoking sections of the Bihar Prohibition and Excise Act. The court examined the FIR, the petitioner’s lack of direct involvement, and the State’s failure to enforce its liquor policy, concluding that the petitioner had made a prima facie case for bail. Accordingly, the court directed his release on pre‑arrest bail with a bond of Rs.10,000 and two sureties, subject to Section 482(2) of the CrPC and verification of his criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the CrPC in a case under the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle and lack of knowledge of the illicit liquor carriage justify granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illicit liquor
- vehicle ownership
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8118 of 2026
Arising Out of PS. Case No.-752 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Chhathu Kumar Yadav Son of Vishwanath Yadav R/o Village - Sahpur, P.S. -
Chenari, Dist. - Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Tribhuwan Narayan, learned counsel
appearing on behalf of the petitioner and Mr. Manoj Kumar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Excise Bhabua P.S. Case No. 752 of 2025 registered for the
offence(s) punishable under Sections 30(a), 32(i) & (ii), 41(i) &
(ii) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 96.480
litres of illicit liquor was recovered from a car.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Admittedly, at the time of
the alleged seizure and recovery of illicit liquor, petitioner was
not present and he has been made accused in this case, being the
Patna High Court CR. MISC. No.8118 of 2026(2) dt.17-02-2026
2/3
owner of the vehicle in question, which was given by the
petitioner to his driver/co-accused and the same was being
driven by him at the time of said incidence and as such the
petitioner had no idea that he was carrying liquor on the said
car. Petitioner has no concern with the seized liquor.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and also the fact that the State has failed to
implement its liquor policy in its true spirit, I am of the opinion
that petitioner has, prima facie, made out a case to be released
on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
pending in connection with Excise Bhabua P.S. Case No. 752 of
2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
Patna High Court CR. MISC. No.8118 of 2026(2) dt.17-02-2026
3/3
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.