Patna High Court
Brijesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
Bail was granted to the petitioner subject to a bond and conditions, as the evidence did not substantiate his alleged participation in the offences.
Summary
The petitioner, Brijesh Yadav, was implicated in a case arising from a liquor‑related raid on 07‑09‑2025 where police and Home Guards were attacked by a mob. The prosecution alleged that Yadav participated in assaulting police personnel, damaging a police vehicle and seizing a mobile phone, invoking several offences under the Bihar Narcotic Substances Act, 2023. Yadav contended that he was merely a by‑stander, that the FIR was based on vague allegations, and that the CCTV footage showed him not involved in the violence. The court examined the CCTV evidence, the injury report indicating only minor injuries, and noted that Yadav was already on bail in three other cases. Considering these facts, the court held that bail could be granted under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. Act, subject to a bond and conditions. The bail order also directed verification of Yadav’s criminal antecedents and cancellation of the bond if concealment is found. Consequently, the petition for bail was allowed and the matter was disposed in favour of the petitioner.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the Code of Criminal Procedure in view of the allegations under the Bihar Narcotic Substances Act, 2023.
- Whether the evidence, including CCTV footage, establishes the petitioner’s participation in the alleged offences.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 303, 324, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Section 438 CrPC
- Section 482 BNS Act
- CCTV evidence
- alleged assault on police
- liquor prohibition raid
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88063 of 2025
Arising Out of PS. Case No.-296 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
Brijesh Yadav Son of Narayan Yadav Resident of Village- Dhanaha Gadiyani
Tola, P.S.- Dhanaha, District- West Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ramendra Kumar Bharti, Advocate
: Mr. Shahbaj Allam, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 109, 303 and 324 of BNS, 2023.
3. The prosecution case, in brief, is that on
07.09.2025 he was checking vehicles at the Bansi Excise
Prohibition Check Post along with his subordinate Home
Guards. During the checking, he received a tip-off that some
people were carrying liquor at Devipur Chowk and were
creating a ruckus after drinking. On receiving information he
along with the Home Guards deputed at the Bansi Check Post
reached at the place of occurrence Devipur Chowk and saw
Patna High Court CR. MISC. No.88063 of 2025(3) dt.24-02-2026
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some bike riders parking their bike and making a loud
commotion. While the police were questioning them, a strong
smell of alcohol emanated from their breath. It is next alleged
that three of them, who had consumed alcohol, were put into the
police vehicle, and their two motorcycles and one mobile phone
were confiscated. After a short distance, miscreants from
behind, chasing the department vehicle in cars and motorcycles,
blocked the path of the vehicle near the Kathar Petrol Pump. In
the process, a motorcyclist lost his balance and fell on the
roadside. Shortly after, some bike riders also gathered there
armed with sharp weapons, attacked the raiding party with
intent to kill. A scuffle ensued, and the three drunk individuals
were forcibly freed from the police vehicle. Home Guard and
informant were severely injured. The police vehicle was also
damaged and informant's mobile phone was snatched by the
miscreants. The informant and other injured police personnel,
with the help of Excise S.H.O., Bagaha and the local P.S.
S.H.O., Dhanaha somehow managed to escape and were taken
for treatment. The miscreants were identified through video
footage, which include 1. Naresh Kushwaha, 2. Brijesh Yadav
and other 15-20 unknown persons. On the basis of application
of informant, present case was registered.
Patna High Court CR. MISC. No.88063 of 2025(3) dt.24-02-2026
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4. Learned counsel for the petitioner submits that
petitioner has three criminal antecedents. It is next submitted
that petitioner has been falsely implicated in the present case
based on general and omnibus allegation. It is next submitted
that the no occurrence in the manner as alleged has ever taken
place as far as the petitioner is concerned. It is next submitted
that from perusal of the FIR it appears that petitioner was not at
all involved in the alleged crime rather upon seeing scuffle,
petitioner become bystander.
5. The application is opposed by the learned APP
for the State.
6. Considering the fact that although there is
allegation against the petitioner of having attacked police
personnel and damaged police vehicle, in the CCTV footage the
picture of petitioner has been captured as a bystander and also
the injury sustained is simple in nature as per the injury report.
Further, taking into account that the petitioner is on bail in the
three criminal cases, details of which have been stated in
paragraph-3 of the bail application. Under these facts and
circumstances, let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.88063 of 2025(3) dt.24-02-2026
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10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Bagaha in connection with Dhanaha P.S. Case No. 296
of 2025, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure/Section 482 (2) of the
B.N.S.S., 2023 and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U T
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