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Patna High Court

Yadolal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted as the petitioner is not the owner of the vehicle and has no criminal antecedent, notwithstanding the bar under Section 76(2) of the Bihar Prohibition and Excise Act.

Summary

The petitioner, Yadolal Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 7.92 litres of liquor seized from a motorcycle. He contended that he was not the owner of the vehicle, had no criminal antecedent, and was implicated only because his name was disclosed by another accused. The prosecution argued that another accused had named him. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out, the court examined the petitioner’s lack of ownership and clean record. The court granted anticipatory bail with a set of conditions, including bond, sureties, regular appearances before police and court, and prohibition on tampering with evidence. The order remains subject to revocation if the petitioner is later found to have a criminal antecedent.

Issues considered

  • Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
  • Is the petitioner likely to be implicated in the offence given he is not the owner of the motorcycle and has no prior criminal record?
  • What conditions are appropriate for granting anticipatory bail in such circumstances?

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • seizure of liquor
  • motorcycle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8680 of 2026
                  Arising Out of PS. Case No.-379 Year-2024 Thana- JOGAPATTI District- West Champaran
                 ======================================================
                 Yadolal Yadav Son of Shyam Lal Yadav R/o Village - Dihi Dhabelwa, P.S. -
                 Yogapatti, District - West champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-02-2026                  Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Yogapatti P.S. Case No. 379 of 2024 for the

                   offence under sections 30(a) of the Bihar Prohibition and Excise

                   Act lodged on 03.12.2024 by the informant, Chandrakishore

                   Kumar.

                                3. As per the prosecution story, the Police intercepted

                   a motorcycle and there is recovery/seizure of 7.920 liters from

                   its dickey. This led to the FIR.

                                4. Learned counsel for the petitioner submits that only

                   because of disclosure of his name by Nanhak Yadav, he got

                   implicated, the petitioner is not the owner of the motorcycle and

                   he do not have any criminal antecedent.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.8680 of 2026(2) dt.17-02-2026
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          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 the

          other accused has named him.

                       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 is not the owner of the motorcycle nor

          has any criminal antecedent, in that background, this Court is

          inclined to extend him the privilege of anticipatory bail with

          conditions.

                       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/-
Patna High Court CR. MISC. No.8680 of 2026(2) dt.17-02-2026
                                            3/4




          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Exclusive Special Judge, Excise II,

          Bettiah, West Champaran in connection with Yogapatti P.S. Case

          No. 379 of 2024 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

          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
          Patna High Court CR. MISC. No.8680 of 2026(2) dt.17-02-2026
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                    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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