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Patna High Court

Ajay YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

The petitioner, Ajay Yadav, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 36 of the Bihar Prohibition and Excise Act, 2018, where 10 litres of liquor were allegedly recovered from two motorcycles. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the vehicles, contending that the investigation relied on secret information. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and subject to verification of the petitioner’s criminal antecedent. If the verification shows more than two prior cases, the bail will not be confirmed; if only two, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2018.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 438
  • Section 482
  • bail conditions
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1172 of 2026
                        Arising Out of PS. Case No.-52 Year-2022 Thana- CHANDI District- Bhojpur
                 ======================================================
                 Ajay Yadav S/O Jilal Singh @ Jilal Yadav R/O Vill.- Salempur, P.S.- Chandi,
                 Dist.- Bhojpur
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shiv Prasad Gupta, Advocate
                 For the Opposite Party/s :        Ms. Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   36 of the Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 10 litres of liquor from two

                   motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and

                   came to be implicated based on the secret information which is

                   the easiest way to implicate someone without holding a proper
Patna High Court CR. MISC. No.1172 of 2026(2) dt.20-01-2026
                                            2/3




          in investigation of the case. It is next submitted that once an

          accused is implicated in a case relating to excise the police start

          implicating mechanically without holding a proper investigation

          of the case either at the instance of the Chawkidar, local person,

          secret information or confessional statement.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let 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

          provisional anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Chandi

          P.S. Case No. 52 of 2022, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than two cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.1172 of 2026(2) dt.20-01-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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