Patna High Court

Satyendra YadavversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedents and compliance with bail conditions.

Summary

The petitioner, Satyendra Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of three litres of liquor from a shop not owned by him. He asserted a clean criminal record and argued that no liquor was found in his possession at the time of the alleged incident. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedents. If any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Whether the petitioner’s clean antecedent and lack of possession of liquor at the time of alleged recovery justify granting bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
clean antecedent
bail conditions
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1199 of 2026
                     Arising Out of PS. Case No.-102 Year-2025 Thana- NAWANAGAR District- Buxar
                 ======================================================
                 Satyendra Yadav S/o Arjun Yadav R/o Village - Chhatanawar, P.S - Krishna
                 Brahm, District - Buxar
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Mishra
                 For the Opposite Party/s :      Mr. Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 3 litres of liquor from the shop of Ramashankar

                   Singh. It is next submitted that petitioner was not arrested from

                   the spot as such nothing was recovered from his conscious

                   possession and even the alleged recovery is from a shop which

                   does not belong to the petitioner but he came to be implicated

                   based on the secret information which is the easiest way to

                   implicate someone, whiteout holding a proper investigation.

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

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.1199 of 2026(2) dt.21-01-2026
                                                       2/2




                                  5. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the

                     event of his arrest or surrender before the learned Court below

                     within a period of six weeks from today, be released on

                     provisional anticipatory bail on furnishing bail bonds of

                     Rs.500/- (Rupees five hundred) 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

                     Nawanagar P.S. Case No.102/2025, subject to the conditions as

                     laid down under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of even one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the

                     provisional anticipatory bail order shall not be confirmed but if

                     on verification it is found that petitioner is a person with clean

                     antecedent, in that event the provisional anticipatory bail order

                     shall be confirmed forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T

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