Patna High Court
Pukari yadav @ Pukari kumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Pukari Yadav, was implicated in a FIR alleging that 11.250 litres of foreign liquor were recovered from a motorcycle and that he fled the scene. He contended that he is not the owner of the motorcycle, was not present at the place of occurrence, and had no possession of the liquor, asserting that the case against him is based solely on suspicion. The petitioner, who has two other criminal cases pending on bail, sought anticipatory bail under Section 482(2) of the B.N.S.S. The State opposed the bail, arguing that the petitioner’s name appears in the FIR. The High Court examined the material, noting the lack of direct evidence linking the petitioner to the seized liquor, and granted anticipatory bail subject to a bail bond of Rs. 10,000 and two sureties, with conditions as per Section 482(2). The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. despite allegations under the Bihar Prohibition and Excise Act, 2022.
- Whether the absence of direct possession or ownership evidence suffices to deny bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor seizure
- Section 482(2)
- high court
- bail bond
- sureties
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8709 of 2026
Arising Out of PS. Case No.-64 Year-2025 Thana- Mahuli District- Sheikhpura
======================================================
Pukari yadav @ Pukari kumar Son of Chando Yadav Resident of village-
Mahuli, Ps- Mahuli, Dist- Sheikhpura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Adv.
For the State : Ms. Asha Devi, 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 Mahuli P.S. Case No. 64 of 2025 registered for
the offence punishable under Sections 30(a), 32 of Bihar
Prohibition and Excise Act, 2022.
3. As per prosecution case, there is alleged recovery
of 11.250 litre foreign liquor from motorcycle in question and
local chowkidar and villagers disclosed the name of the
petitioner, who fled away from the spot.
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
high handedness of the police. He further submits that petitioner
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is not owner of the motorcycle in question. Petitioner bears
criminal antecedent of two cases in which he is on bail, as orally
submitted by the learned counsel for the petitioner. 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. Except suspicion, there is nothing on record to connect
the present petitioner with the alleged occurrence. 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 name of
the petitioner finds place in the FIR and hence, he cannot escape
from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, petitioner is not owner of the motorcycle in question and
he is 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
Patna High Court CR. MISC. No.8709 of 2026(2) dt.18-02-2026
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anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge,
Sheikhpura in connection with Mahuli P.S. Case No. 64 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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