Barjesh Kumar Yadav @ Brijesh Kumar yadav @ Brajesh Kumar Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Barjesh Kumar Yadav @ Brijesh Kumar yadav @ Brajesh Kumar Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted in connection with Dhanaha P.S. Case no.381 of 2025: upon arrest or surrender before the learned Court below within four weeks, release on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge Excise, Bagaha, West Champaran, subject to the condition that the prosecution may move this Court for cancellation if an antecedent under the Bihar Prohibition and Excise Act, 2016 subsequently transpires.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Dhanaha P.S. Case no.381 of 2025, registered under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Ratio / Principle

Taking into account the allegations against the petitioner in the F.I.R., that the petitioner was not arrested at the spot, and that he has no criminal antecedent, the Court directed that the petitioner, in the event of his arrest or surrender, be released on anticipatory bail in connection with Dhanaha P.S. Case no.381 of 2025.

Key takeaways

Release on anticipatory bail is conditional on arrest or surrender before the learned Court below within a period of four weeks, and on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, in connection with Dhanaha P.S. Case no.381 of 2025.ratio¶6
The bail bond and sureties are to be furnished to the satisfaction of the learned Special Judge Excise, Bagaha, West Champaran.ratio¶6
Condition imposed: if it subsequently transpires that the petitioner has an antecedent under the Bihar Prohibition and Excise Act, 2016, the prosecution will be at liberty to move this Court for cancellation of the bail granted to the petitioner.

Detailed headnote1 paragraphs

Anticipatory bail granted (Partha Sarthy, J., 13-05-2026). Barjesh Kumar Yadav @ Brijesh Kumar Yadav @ Brajesh Kumar Yadav sought anticipatory bail apprehending arrest in Dhanaha P.S. Case no.381 of 2025 (District West Champaran), registered under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016; the prosecution case was that 23 litres of country liquor was recovered from a motorcycle of which he is the registered owner, he having managed to escape. Taking into account the allegations in the F.I.R., that the petitioner was not arrested at the spot, and that he had no criminal antecedent, the Court directed release on anticipatory bail upon arrest or surrender before the learned Court below within four weeks, on a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Special Judge Excise, Bagaha, West Champaran, conditioned on liberty to the prosecution to move this Court for cancellation of bail if it subsequently transpires that the petitioner has an antecedent under the Bihar Prohibition and Excise Act, 2016.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31209 of 2026

Arising Out of PS. Case No.-381 Year-2025 Thana- DHANAHA District- West Champaran

====================================================== Barjesh Kumar Yadav @ Brijesh Kumar Yadav @ Brajesh Kumar Yadav, S/O Chanda Yadav, R/o Village- Redaha, Police Station- Bhitaha, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Shahbaj Alam, Advocate Mr. Irfan Ahmad Ansari, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 13-05-2026 Heard learned counsel for the parties.

The petitioner has preferred this application for

grant of anticipatory bail apprehending his arrest in connection with Dhanaha P.S. Case no.381 of 2025, registered under sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, 23 litres of country liquor was recovered from the motorcycle of which the petitioner happens to be the registered owner while the petitioner managed to escape.

Learned counsel for the petitioner submits that no incriminating article has been recovered either from the

Patna High Court CR. MISC. No.31209 of 2026(2) dt.13-05-2026 2/3

petitioner’s possession or from his motorcycle. He has been falsely implicated in the case. In fact he had sold the motorcycle prior to the date of occurrence, however the same had not been registered in the name of the purchaser. The petitioner has no criminal antecedent and undertakes to cooperate in the investigation/trial.

The application for anticipatory bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the petitioner not having been arrested at the spot and especially his not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dhanaha P.S. Case no.381 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Excise, Bagaha, West Champaran on the following condition :-

(I) If it subsequently transpires that the petitioner has an antecedent under the Bihar Prohibition and Excise Act, 2016, the prosecution will be at liberty to move this Court for

Patna High Court CR. MISC. No.31209 of 2026(2) dt.13-05-2026 3/3

cancellation of bail granted to the petitioner.

(Partha Sarthy, J)

avinash/-

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