Patna High Court
Ganour Yadav @ Ganaura YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that, having regard to the petitioner’s lack of criminal antecedent and the prior sale of the motorcycle, anticipatory bail may be granted notwithstanding the bar under Section 76(2) of the Bihar Prohibition and Excise Act.
Summary
Ganour Yadav sought anticipatory bail after being implicated in a case (Kaluahi PS Case No.58 of 2022) involving alleged offences under several IPC sections and the Bihar Prohibition and Excise Act. The police had seized a motorcycle and 49.2 litres of Nepali Sofi, and the FIR alleged that the accused, including many women, tried to obstruct the seizure. The petitioner contended that the motorcycle had been sold earlier, he had no criminal antecedent, and he was willing to contribute Rs 5,000 to the Chief Minister’s Relief Fund. Relying on the Patna High Court’s Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence under that provision is made out, the court granted anticipatory bail with stringent conditions. The order also stipulated that the bail would become null if a criminal antecedent is discovered.
Issues considered
- Whether anticipatory bail can be granted in a case arising under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s claim of prior sale of the motorcycle and lack of criminal antecedent precludes liability for the alleged offences.
- Whether the petitioner is entitled to bail pending investigation and possible arrest.
Legislation cited
- Indian Penal Code — s. 147, 148, 272, 273, 34, 353
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 76(2)
- IPC offences
- seizure
- bail conditions
- criminal antecedent
- relief fund
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8635 of 2026
Arising Out of PS. Case No.-58 Year-2022 Thana- KALUAHI District- Madhubani
======================================================
Ganour Yadav @ Ganaura Yadav S/o Ram Julum Yadav R/o Vill- Postapur,
Pindaruch, ward no 4,P.S-Keoti, Distt- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-02-2026 Heard Ms. Kumari Pallavi, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Kaluahi P.S. Case No. 58 of 2022 for the
offence under sections 147, 148, 353, 272, 273 and 34 of the
Indian Penal Code and Section 30(a) of the Bihar Prohibition
and Excise Act lodged on 10.05.2022.
3. As per the prosecution story, the Police intercepted
a motorcycle and there is recovery/seizure of 49.2 liters of
Nepali Sofi. Once the motorcycle was seized and the seizure list
prepared and as the Police was returning, it is alleged that
accused persons including thirty unknown ladies tried to take
away the seized materials hindering their work. This led to the
FIR.
Patna High Court CR. MISC. No.8635 of 2026(2) dt.17-02-2026
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4. Learned counsel for the petitioner submits that the
motorcycle was sold much earlier but got implicated as the
transfer was not complete, he do not have any criminal
antecedent nor anything to do with the subsequent part of
protest against the Police. She further submits that without
accepting the allegation and/or the outcome of the present
petition, learned counsel for the petitioner submits that he
intends to contribute Rs. 5,000/- to the Chief Minister’s Relief
Fund.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that not
only the recovery/seizure is from his motorcycle, allegation is
that the accused tried to block the Police officials from doing
their job.
Patna High Court CR. MISC. No.8635 of 2026(2) dt.17-02-2026
3/4
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner do not have any criminal antecedent, the
motorcycle was sold a year earlier, as submitted, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions subject to payment of Rs.
5,000/- to the Chief Minister’s Relief Fund through Demand
Draft and the receipt be submitted to the learned trial Court.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge, Excise,
Madhubani in connection with Kaluahi P.S. Case No. 58 of
2022 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Patna High Court CR. MISC. No.8635 of 2026(2) dt.17-02-2026
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Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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