Allowed¶18

Aakash Yadav v. The State of Bihar

Patna HC13 Oct 2025CR. MISC./23265/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.23265 of 2025, oral order dated 13-10-2025, Sunil Dutta Mishra, J. Anticipatory bail granted; Section 30(a) Bihar Prohibition and Excise Act; Section 482(2) Bharatiya Nagrik Suraksha Sanhita, 2023; illicit foreign liquor 291.75 litre; Maruti Sports VXI MH-02BZ-1422; Dinara P.S. Case No.32 of 2023, Rohtas at Sasaram; petitioner Aakash Yadav; bail bond Rs.10,000 with two sureties.

What did the court decide?

Anticipatory bail: release on bail in the event of arrest or surrender within six weeks, upon bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Court concerned, Rohtas at Sasaram, subject to Section 482(2) BNSS 2023 conditions and the further condition of co-operation in investigation and trial. ¶18

Aakash Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Dinara P.S. Case No.32 of 2023 registered under Section 30(a) of the Bihar Prohibition and Excise Act, should be granted anticipatory bail in the event of arrest or surrender.

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Ratio / Principle

Considering the facts, circumstances and submissions of counsel, in the event of arrest or surrender before the concerned Court within six weeks from the date of the order, the petitioner is to be released on bail upon furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Rohtas at Sasaram, in connection with Dinara P.S. Case No.32 of 2023, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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Key takeaways

Additional imposed condition: the petitioner shall co-operate in the investigation and trial, and failure to do so without plausible reason will entail cancellation of his bail bonds by the learned Trial Court.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail granted by the Patna High Court (Sunil Dutta Mishra, J) to the petitioner apprehending arrest in Dinara P.S. Case No.32 of 2023 (District Rohtas), registered under Section 30(a) of the Bihar Prohibition and Excise Act following alleged recovery of 291.75 litre illicit foreign liquor from a Maruti Sports VXI Car (Regn. MH-02BZ-1422) linked to him only through a KYC SBI notice. Bail ordered in the event of arrest or surrender within six weeks on a bond of Rs.10,000/- with two like sureties, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, and a condition to co-operate in investigation and trial, failing which bail bonds may be cancelled by the Trial Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23265 of 2025

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Arising Out of PS. Case No.-32 Year-2023 Thana- DINARA District- Rohtas

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======================================================

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Aakash Yadav S/o Krishnadeo Singh @ Krishnadeo Yadav, Resident of Village- Dudhuan, P.S.- Chaubeypur, District- Varanasi (U.P.).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Shashikant, Advocate. For the Opposite Party/s : Mr. Ramesh Chandra, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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6 13-10-2025

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

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As per prosecution case, there is recovery of 291.75 litre illicit foreign liquor from a Maruti Sports VXI Car bearing Registration No. MH-02BZ-1422. It is alleged that the accused person fled away from the spot after seeing the police but from the vehicle in question a notice of KYC SBI was recovered which indicated the fact that the vehicle might be used by the petitioner.

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Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is neither owner nor

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Patna High Court CR. MISC. No.23265 of 2025(6) dt.13-10-2025 2/3

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driver of the seized vehicle and he is also not the owner of the concerned Mobile. Learned counsel submits that with malafide intention, mobile number and the cash memo in question has been misused. He further submits that petitioner was not present on the spot and he has no concern with the alleged seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious possession of petitioner. He further submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Rohtas at Sasaram in connection with Dinara P.S. Case No.32 of 2023, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further following conditions:-

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Patna High Court CR. MISC. No.23265 of 2025(6) dt.13-10-2025 3/3

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(i) The petitioner shall co-operate in the investigation

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and trial, failure to do so without plausible reason will entail

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cancellation of his bail bonds by the learned Trial Court.

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(Sunil Dutta Mishra, J)

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Ritik/-