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Patna High Court

Abhishek Yadav @ Abhishek Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Abhishek Yadav, applied for anticipatory bail after being named in an FIR for alleged offences under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, relating to the recovery of illicit liquor. The prosecution alleged that the petitioner fled the scene, while the petitioner claimed innocence, asserting that he was not present at the open place of recovery and has a clean antecedent, alleging political victimisation. The State opposed the bail, arguing that the FIR naming the petitioner suffices to deny relief. The court examined the facts, the petitioner’s absence from the scene, his clean record, and the material on record, and applied Section 482(2) of the B.N.S.S. to consider anticipatory bail. It ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions imposed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted to a person named in an FIR for offences under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s absence from the place of recovery and clean antecedent justify the grant of anticipatory bail.
  • Whether the allegations in the FIR alone are sufficient to deny anticipatory bail under Section 482(2) of the B.N.S.S.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 482
  • clean antecedent
  • FIR
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8936 of 2026
                    Arising Out of PS. Case No.-182 Year-2025 Thana- MANIGACHI District- Darbhanga
                 ======================================================
                 Abhishek Yadav @ Abhishek Kumar Yadav S/O Late Shiv Kumar Yadav R/O
                 Village- Gopalpur, P.S.- Manigachhi, Dist.- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumar Praveen, Advocate
                 For the Opposite Party/s :       Dr. Kumar Uday Pratap, 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 Manigachhi P.S. Case No. 182 of 2025,

                   registered for the offence punishable under Sections 30(a) and

                   30(d) of Bihar Prohibition and Excise Act.

                                3. As per prosecution-case, there is alleged recovery

                   of 25.875 litre foreign illicit liquor from the place of occurrence

                   and local Chowkidar disclosed the name of the petitioner and

                   others as the persons who fled away from the place of

                   occurrence.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence as

                   alleged in the F.I.R. He further submits that the alleged place of
Patna High Court CR. MISC. No.8936 of 2026(2) dt.18-02-2026
                                            2/3




          recovery is an open place and petitioner cannot be held liable

          for the alleged recovery. Petitioner was not found at the place of

          occurrence and petitioner is not, in any way, connected with the

          place of recovery. Apart from that, petitioner is having clean

          antecedent. On account of local village politics, his name has

          implicated at the instance of others and in light of the aforesaid

          facts and circumstances, no offence is made out against the

          petitioner, as alleged in the F.I.R.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submits that petitioner is named in the F.I.R. and cannot escape

          from the allegations made in the F.I.R.

                       6. Considering the facts and circumstances of the

          case, petitioner was not found at the place of occurrence,

          keeping in view clean antecedent of the 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 Exclusive Special
            Patna High Court CR. MISC. No.8936 of 2026(2) dt.18-02-2026
                                                        3/3




                      Judge-II      (Excise Act),         Darbhanga       in   connection   with

                      Manigachhi P.S. Case No. 182 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)

K.C.Jha/-

U      T


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