Patna High Court

Moti Yadav @ Moti Kumar YadavversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond, sureties and compliance with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Moti Yadav sought anticipatory bail fearing arrest in a case (PS No.236/2025) alleging offences under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, based on the recovery of 675 litres of country‑made liquor from a mango orchard. The petitioner contended that his name was supplied by a local chowkidar, that the liquor was found in an open area accessible to all, and that he had no criminal antecedent, arguing that no prima facie case existed and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties of equal amount, and complies with the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima facie case exists against the petitioner under the charges of the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of anticipatory bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita — s. 274, 275, 3(5)

Subjects

anticipatory bail
bail bond
section 482
section 103
prohibition and excise
liquor seizure
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87738 of 2025
                     Arising Out of PS. Case No.-236 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Moti Yadav @ Moti Kumar Yadav Son of Chhedi Yadav @ Chhedilal Yadav
                 R/o Vill. -Yogia Simra Tol, P.S. -Ladaniya, Distt. - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumari Pallavi, Adv.
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and Mr.

                   Choubey Jawahar learned APP for the State.

                           2.      The petitioner apprehends his arrest in connection

                   with Ladaniya PS Case No. 236 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act and

                   under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita.

                           3.      The prosecution case, in short, is that total 675 litres

                   of country made liquor was recovered from mango orchard.

                           4.      Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of the

                   disclosure made by local chowkidar. Learned counsel further

                   submitted that alleged recovery is from an open place accessible to

                   one and all. The petitioner has got no concern with the alleged
           Patna High Court CR. MISC. No.87738 of 2025(2) dt.15-01-2026
                                                       2/2




                     recovery of liquor. Learned counsel for the petitioner, therefore,

                     contends that prima-facie no case is made out against the

                     petitioner. The petitioner has no criminal antecedent. There is no

                     compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                     the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period of

                     six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Ladaniya PS Case No.

                     236 of 2025, subject to the conditions as laid down under Section

                     482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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