Arjun Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Arjun Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest or surrender before the court below within six months, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Exclusive Excise Court, Nawada in connection with Kawakol P.S. Case No. 729 of 2023, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner (Arjun Yadav), who apprehends arrest in Kawakol P.S. Case No. 729 of 2023, registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Court's answer

On perusal of the FIR and the impugned order, the petitioner is not named in the FIR, nothing was recovered from his conscious possession, and he has no criminal antecedent; therefore the Court was inclined to grant anticipatory bail.

Ratio / Principle

Prayer for anticipatory bail allowed: petitioner to be released, upon arrest or surrender before the court below within six months, on a bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of learned Exclusive Excise Court, Nawada in connection with Kawakol P.S. Case No. 729 of 2023, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail — offence under Section 30(a), Bihar Prohibition and Excise Act, 2016 (Kawakol P.S. Case No. 729 of 2023, District Nawada): FIR alleged recovery of 15.375 litres of illicit foreign liquor from motorcycle BR-46D-8281 apprehended in the Pachambha forest. Holding that the petitioner is not named in the FIR, that nothing was recovered from his conscious possession, and that he has no criminal antecedent, the High Court (Ramesh Chand Malviya, J) allowed the prayer for anticipatory bail on 24-01-2025, directing release on arrest or surrender within six months on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Excise Court, Nawada, subject to the conditions under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83831 of 2024

Arising Out of PS. Case No.-729 Year-2023 Thana- KAUWAKOL District- Nawada

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

Arjun Yadav Son of Ramdhani Yadav Resident of Village - Madhurapur, P.S. - Kawakol, District - Nawada

... ... Petitioner/s

The State of Bihar	Versus
===================	... ... Opposite Party/s ===================================
Appearance : For the Petitioner/s : For the Opposite Party/s : ===================	Mr. Rajesh Ranjan Kumar, Advocate Mr. Damodar Prasad Tiwary, APP ===================================
CORAM: HONOURABL MALVIYA	E MR. JUSTICE RAMESH CHAND

ORAL ORDER

3 24-01-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) Bihar Prohibition and Excise Act, 2016.

As per the allegation in the first information report, it appears that from the Pachambha forest, one motorcycle bearing registration number BR-46D-8281, carrying wine was apprehended by the police and a total of 15.375 litres of illicit foreign liquor was recovered from the motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner was neither

Patna High Court CR. MISC. No.83831 of 2024(3) dt.24-01-2025 2/3

present on the place of occurrence nor anything was recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent as stated in Para-3 of his bail petition. He next submits that the said motorcycle was given by the petitioner for personal use of the co-accused as stated in Para-11 of the petition.

Learned APP for the State vehemently opposes the anticipatory bail of the petitioner.

On perusal of first information report and impugned order dated 07.10.2024, it appears that the petitioner is not named in the FIR and nothing has been recovered from his conscious possession as well as he has got no criminal antecedent, so I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed. Let the petitioner be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of six months from today, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties with the like amount each to the satisfaction of learned Exclusive Excise Court, Nawada in connection with Kawakol P.S. Case No. 729 of 2023, subject to the conditions as laid

Patna High Court CR. MISC. No.83831 of 2024(3) dt.24-01-2025 3/3

down under Section 438(2) of Cr.P.C.

(Ramesh Chand Malviya, J)

Brajesh Kumar/-

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