Patna High Court

Gulten YadavversusThe State of Bihar

Decided: 27 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

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

Summary

The petitioner, Gulten Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 27 litres of liquor from a bicycle. He argued he had a clean antecedent, was not arrested on the spot, had no conscious possession of the liquor, and was not the bicycle's owner, claiming the investigation was based on secret information. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order further directed the trial court to verify the petitioner’s antecedent; if any prior case is found, the bail would not be confirmed, otherwise it would be confirmed immediately.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the context of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the petitioner’s claim of a clean antecedent and lack of conscious possession justifies the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 30(a)
liquor seizure
clean antecedent
Cr.P.C. Section 438
BNSS Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12283 of 2026
                   Arising Out of PS. Case No.-552 Year-2025 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Gulten Yadav S/O Late Nagendra Rai @ Nagendra Yadav R/O Village-
                 Bhairo Bhagat Tola Ward No. 2, Siswa, P.S- Raxaul, Dist.- East Champaran.
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026                  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 the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 27 litres of liquor from a bicycle.

                                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 the seized bicycle and came to be

                   implicated based on the secret information which the easiest way to

                   implicate someone without holding a proper investigation of the case.

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

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.12283 of 2026(2) dt.27-02-2026
                                                       2/2




                                  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 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 Raxaul P.S. Case No. 552

                     of 2025, 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 even one case, it would be presumed

                     that petitioner had concealed his antecedent before this Court at para

                     3 of the anticipatory bail application in that event the provisional

                     anticipatory bail order shall not be confirmed but if it is found on

                     verification that petitioner is a person with clean antecedent in that

                     event the provisional anticipatory bail order shall be confirmed

                     forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

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