Surendra Yadav @ Surendra Yadav Prasad @ Surendra Prasad… — Anticipatory Bail | Patna HC (2025)

Surendra Yadav @ Surendra Yadav Prasad @ Surendra Prasad… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Conditional anticipatory bail: release on bail upon arrest or surrender before the Court below within six weeks, upon bail bonds of Rs.10,000/- with two sureties of the like amount to the satisfaction of the learned Exclusive Special Excise Judge II, Begusarai, in Sahebpur Kamal P.S. Case No. 365 of 2024, subject to the conditions in Section 438(2) CrPC 1973.

Issue for consideration

Whether the petitioner, apprehending arrest in Sahebpur Kamal P.S. Case No. 365 of 2024 (registered under Section 30(a) of the Bihar Prohibition & Excise Act) following recovery of 5 litres of country-made liquor from his motorcycle, is entitled to anticipatory bail.

Court's answer

Prayer for anticipatory bail allowed: in the event of arrest or surrender before the Court below within six weeks from the date of order, the petitioner shall be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand).

Ratio / Principle

The release on bail is conditioned on furnishing two sureties of the like amount to each, to the satisfaction of the learned Exclusive Special Excise Judge II, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 365 of 2024.

Key takeaways

The anticipatory bail is subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Sunil Dutta Mishra, J), 22-12-2025, in Criminal Miscellaneous No.89097 of 2025 arising out of Sahebpur Kamal P.S. Case No. 365 of 2024 (District Begusarai), instituted under Section 30(a) of the Bihar Prohibition & Excise Act, wherein 5 litres of country-made liquor was recovered from the motorcycle of petitioner Surendra Yadav @ Surendra Yadav Prasad @ Surendra Prasad Yadav, its registered owner. Counsel submitted the petitioner was innocent, that his son had taken the motorcycle without his knowledge or consent, that he was not involved in the illicit-liquor trade and had clean antecedents. Despite opposition by the A.P.P., the petitioner, on arrest or surrender within six weeks, was ordered released on bail upon a bond of Rs.10,000/- with two sureties of the like amount before the Exclusive Special Excise Judge II, Begusarai, subject to Section 438(2), Code of Criminal Procedure, 1973 conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89097 of 2025

Arising Out of PS. Case No.-365 Year-2024 Thana- SAHEBPUR KAMAL District-

Begusarai

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

Surendra Yadav @ Surendra Yadav Prasad @ Surendra Prasad Yadav Son of Sekhi Prasad Yadav Resident of Village - Jafarnagar, Police Station - Muffasil, District - Munger (Bihar).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 22-12-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sahebpur Kamal P.S. Case No. 365 of 2024 instituted under Section 30 (a) of the Bihar Prohibition & Excise Act.

There is recovery of 5 litres country made liquor from the motorcycle of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The apprehended co-accused, who is son of the petitioner, without the consent and knowledge of the petitioner had taken the said motorcycle and misused the same. Petitioner has no concern with the seized liquor. He is not involved in the trade of

Patna High Court CR. MISC. No.89097 of 2025(2) dt.22-12-2025 2/2

illicit liquor. Petitioner has clean antecedent. Petitioner was not riding on the motorcycle in question. Except that petitioner is registered owner of the motorcycle, there is no material against him. Petitioner undertakes to co-operate in the investigation and trial.

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

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Judge II, Begusarai in connection with Sahebpur Kamal P.S. Case No. 365 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J)

rakhi/-