Patna High Court
Raman Yadav @ Raman Kumar Yadav @ Raman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, as the circumstances did not warrant his arrest.
Summary
The petitioner, Raman Yadav, applied for anticipatory bail after being named in an FIR for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2016, based on the recovery of 9.375 litres of illicit liquor from a hut he allegedly occupied. The prosecution argued that the petitioner was the accused in the FIR, while the petitioner contended that the liquor was recovered from an open, public area, no incriminating article was found on him, and he has a clean criminal record. The court examined the facts, noting the petitioner was not present at the place of recovery and had no prior offences. Considering the lack of direct evidence, the open nature of the recovery site, and the petitioner’s clean antecedent, the court ordered that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to a person named in an FIR for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 when the alleged contraband was recovered from an open public place and no incriminating material is found on the accused.
- Whether the petitioner’s clean criminal antecedent and the absence of direct evidence justify the grant of anticipatory bail under Section 482(2) of the Criminal Procedure Code.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 482
- clean antecedent
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8805 of 2026
Arising Out of PS. Case No.-201 Year-2025 Thana- EXCISE BIRAUL District- Darbhanga
======================================================
Raman Yadav @ Raman Kumar Yadav @ Raman Kumar Son of Rambahadur
Yadav Resident of Village- Morkahi, Ward No. 11, P.S.- Kusheshewar Asthan,
District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kumar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, A.P.P.
======================================================
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 Biraul Excise P.S. Case No. 201 of 2025
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016 (as amended).
3. As per prosecution case, 9.375 litre illicit liquor
was recovered from the hut of the petitioner and he succeeded in
fleeing away from the place of occurrence.
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. He
further submits that the place of recovery is an open place which
Patna High Court CR. MISC. No.8805 of 2026(2) dt.18-02-2026
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is accessible to all and petitioner cannot be held liable for the
alleged recovery. No incriminating article has been recovered
from the possession of the petitioner. Petitioner was not found at
the place of 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. Petitioner bears no criminal antecedent.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
the petitioner is FIR named accused and he cannot escape from
the allegation made in FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
keeping in view clean antecedent of petitioner, 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 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 Special Judge Ist,
(Excise Act) Darbhanga in connection with Biraul P.S. Case No.
Patna High Court CR. MISC. No.8805 of 2026(2) dt.18-02-2026
3/3
201 of 2025, subject to the conditions as laid down under
Section 482 (2)of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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