Patna High Court
Ful Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that, given the petitioner’s lack of direct involvement, absence of criminal antecedent and the precedent of bail to a co‑accused, pre‑arrest bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, was warranted.
Summary
Ful Kumar Yadav applied for pre‑arrest bail in a case involving the alleged seizure of 4,278.18 litres of illicit liquor, charged under sections of the B.N.S., 2023 and the Bihar Prohibition and Excise Act. The prosecution alleged his involvement, while the petitioner contended he was falsely implicated, not the owner or driver of the seized vehicles, and that the case rested on a confessional statement of another accused. He highlighted his clean criminal record and pointed out that a co‑accused, Bikram Kumar Poddar, had previously been granted bail in a similar matter. The State opposed the bail application. The court, considering the nature of the allegations, the petitioner’s lack of direct participation, and the precedent of bail to the co‑accused, ordered his release on pre‑arrest bail subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that bail be effected within four weeks of arrest or surrender before the Special Judge, Excise 1st Class, Purnea.
Issues considered
- Whether pre‑arrest bail should be granted in a case of alleged illicit liquor seizure under the specified provisions.
- Whether a confessional statement of another accused can justify the petitioner’s arrest.
- Whether the petitioner’s lack of criminal antecedent and the grant of bail to a co‑accused warrant the issuance of pre‑arrest bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- B.N.S., 2023 — s. 111(i), 111(ii), 336(3), 338
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- B.N.S.
- confessional statement
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91200 of 2025
Arising Out of PS. Case No.-383 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Ful Kumar Yadav S/o Jagbali Yadav Resident of Village - Alihanagar
(Karandigghi), P.S - Karandigghi, District - Uttar Dinajpur, State - West
Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Sadar P.S. Case No. 383 of 2025 registered for the offence
punishable under Sections 111(i)(ii), 338, 336(3) of the B.N.S.,
2023 and Sections 30(a), 36, 41(2) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution in short is that there is
an allegation of recovery of altogether 4278.18 liters of illicit
liquor from three vehicle.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has been falsely
Patna High Court CR. MISC. No.91200 of 2025(2) dt.06-02-2026
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implicated in connection with the present case. He also submits
that the petitioner was not apprehended from the spot. The
petitioner is neither owner nor the driver of the seized vehicle
and he is implicated in this case on the basis of confessional
statement of the accused who was in police custody. He also
submits that on the basis of that confessional statement, no
recovery has been made from the possession of this petitioner.
He further submits that similarly situated co-accused namely,
Bikram Kumar Poddar has been granted bail by the learned
coordinate bench of this court vide Cr. Misc. No. 77636 of
2025. Moreover, a statement has been made in para-3 of bail the
petition that the petitioner is having no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation against the
petitioner, the petitioner, above named, is directed to be released
on pre-arrest bail, in the event of his arrest or surrender before
the Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Special Judge, Excise 1st Class, Purnea in connection with Sadar
P.S. Case No. 383 of 2025 subject to the condition as laid down
Patna High Court CR. MISC. No.91200 of 2025(2) dt.06-02-2026
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under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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