Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
Ashok Yadav, the petitioner, feared arrest in a case (Muffasil Dhanuti P.S. No. 692 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 248.28 litres of liquor in two motorcycles. He contended that he was merely the registered owner of the vehicles and had no knowledge of the liquor, had no prior criminal record, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed his bail application. The High 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 and two sureties of equal amount, and complies with the conditions under 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 in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 30(a)
- Section 482(2)
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91107 of 2025
Arising Out of PS. Case No.-692 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Ashok Yadav S/o Late Ramayan Chaudhari Resident of Village- Uttarva
Barwa, P.S.- Andar, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Muffasil (Dhanuti) P.S. Case No. 692 of 2025 instituted for
the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 248.28
litres of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. It is
further submitted that the name of the petitioner has transpired
as being the owner of the vehicle in question and has no
knowledge regarding the goods loaded in the vehicle. Petitioner
Patna High Court CR. MISC. No.91107 of 2025(2) dt.19-01-2026
2/2
has got no concern with the alleged recovery of liquor. Learned
counsel therefore, submitted 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 lower court within a period of six
weeks from today, be released on anticipatory bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Muffasil (Dhanuti)
P.S. Case No. 692 of 2025, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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