Patna High Court
Bhim YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Bhim Yadav and Santu Yadav, sought anticipatory bail fearing arrest in a case involving the recovery of 240 litres of illicit liquor, alleged under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2022 (Amended). They argued that the liquor was recovered from an open public area, that the source of the secret information leading to their naming was undisclosed, and that they had no involvement despite prior criminal antecedents for which they were on bail. The State opposed the bail, contending that the petitioners were named in the FIR and should face the charges. The High Court examined the facts, noted the petitioners were not present at the recovery site, and considered the material on record. Applying its inherent powers under Section 482(2) of the CrPC, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, to be satisfied by the Special Judge of the Excise Court, thereby allowing the petition.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the CrPC in a case of alleged illicit liquor possession under the Bihar Prohibition and Excise Act.
- Whether the open nature of the recovery site and undisclosed secret information negate liability.
- Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 482
- high court inherent powers
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8980 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- OBRA District- Aurangabad
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1. Bhim Yadav S/o- Saryu Yadav Village- Mahadeva PS-Obra District-
Aurangabad Bihar
2. Santu Yadav S/o- Suryadayal Yadav Village- Mahadeva PS-Obra District-
Aurangabad Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Rupa Kumari, Advocate
For the Opposite Party/s : Mrs.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Obra P.S. Case No. 425 of 2025, registered for
the offence punishable under Sections 30(a)/30(c) of Bihar
Prohibition and Excise Act, 2022 (Amended).
3. As per prosecution-case, total 240 litre illicit liquor
was recovered from near the bank of river and on the basis of
secret information the names of the petitioners came to fore.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have committed no offence as
alleged in the F.I.R. She further submits that place of recovery
Patna High Court CR. MISC. No.8980 of 2026(2) dt.18-02-2026
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is an open place which is accessible to all and petitioners cannot
be held liable for the alleged recovery. The source of secret
information has not been disclosed in the F.I.R. which questions
the very authenticity of the F.I.R. Though the petitioners are
having criminal antecedent of one case each, but they are
already on bail in the said cases and on account of having
criminal antecedent, they have been falsely implicated in the
present case without any substance.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners and
submits that petitioners are named in the F.I.R. and they cannot
escape from the allegations made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioners were 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 petitioners
above-named, in the event of their 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) each with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise Court-II, Aurangabad, Bihar in connection with Obra
Patna High Court CR. MISC. No.8980 of 2026(2) dt.18-02-2026
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P.S. Case No. 425 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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