Arun Yadav @ Arun Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Arun Yadav @ Arun Kumar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner, on arrest or surrender before the learned trial court within six weeks, to be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Bhagalpur, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in Parbatta P.S. Case No. 18 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2018, should be released on anticipatory bail.

Court's answer

Considering the facts and circumstances of the case, the clean antecedent of the petitioner, the arguments advanced on both sides and the material available on record, the petitioner, in the event of his arrest or surrender before the learned trial court within a period of six weeks from the date of the order, is to be released on anticipatory bail on furnishing a bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Bhagalpur, in connection with Parbatta P.S. Case No. 18 of 2021.

Ratio / Principle

The anticipatory bail grant is subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted (Alok Kumar Pandey, J, Patna High Court, Cr. Misc. No. 60000 of 2025, order dated 22-09-2025). Petitioner, apprehending arrest in Parbatta P.S. Case No. 18 of 2021 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act 2018, sought pre-arrest bail after 143.625 litre of foreign liquor was allegedly recovered from a truck whose ownership was attributed to him; co-accused Nitish Kumar was apprehended on the spot. Counsel urged that the petitioner was not named in the FIR, had under an agreement given the truck to one Mukesh Mandal on 02.12.2020 without knowledge of its illicit use, bore no criminal antecedent, that the seizure list was not prepared as per law and that nothing was recovered from his conscious possession; the State opposed through the learned A.P.P. Held: taking into account the clean antecedent of the petitioner, the arguments of both sides and the material on record, the petitioner, in the event of arrest or surrender before the learned trial court within six weeks, is to be released on anticipatory bail on a bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-II, Bhagalpur, subject to the conditions under Section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60000 of 2025

Arising Out of PS. Case No.-18 Year-2021 Thana- PARBATTA District- Bhagalpur

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

Arun Yadav @ Arun Kumar Yadav Son of Sri Mahgu Yadav Resident of Village - Devari Pipralatif, P.S.- Parbatta, District - Khagaria, Bihar.

... ... Petitioner/s

Versus

2 22-09-2025

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandan Kumar Kashyap For the Opposite Party/s : Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

... ... Opposite Party/s

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Parbatta P.S. Case No. 18 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act 2018.

As per prosecution case, 143.625 litre foreign liquor was recovered from the truck in question and coaccused Nitish Kumar was apprehended on the spot.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been transpired in the present case as owner of the truck in question. As per agreement between the petitioner and

Patna High Court CR. MISC. No.60000 of 2025(2) dt.22-09-2025 2/3

Mukesh Mandal, the said truck was given to the Mukesh Mandal on 02.12.2020 and he has no knowledge that said truck was used for carrying illicit liquor. Learned counsel for the petitioner submits that petitioner is and innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Seizure list has not been prepared as per law. Nothing has been recovered from the conscious possession of the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case, keeping in view clean antecedent of 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 Excise Judge-II Bhagalpur in

Patna High Court CR. MISC. No.60000 of 2025(2) dt.22-09-2025 3/3

connection with Parbatta P.S. Case No. 18 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J)

vashudha/-

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