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Patna High Court

Shyamdev YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with Section 482(2) of the B.N.S.S.

Summary

The petitioner, Shyamdev Yadav, was implicated in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016 for allegedly recovering large quantities of liquor and Mahua from a riverbank. He contended that he has a clean antecedent, that the alleged contraband was not in his possession, and that a hostile chowkidar falsely implicated him. The State opposed his request for anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. If any antecedent is found, the bail would not be confirmed; otherwise it would be confirmed. The order directs the trial court to verify the antecedents and act accordingly.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the allegations of offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.
  • Whether the alleged false implication by a chowkidar and the absence of contraband in the petitioner’s possession affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 41
  • false implication
  • clean antecedent
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12398 of 2026
                       Arising Out of PS. Case No.-382 Year-2020 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Shyamdev Yadav Son of Late Ram Swarup Yadav R/o Village - Jogiyamaran,
                 P.S. - Rajauli, Dist. - Nawada.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Verma
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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 Sections 30(a) and

                   41 of Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 225 litres of liquor from a place near bank of a river

                   at Mohkanamar along with 50 kilograms of Mahua and 4000

                   litres of fermented Jawa Mahua. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.12398 of 2026(2) dt.15-04-2026
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          implicated at the instance of chowkidar with whom he is on an

          inimical term. It is next submitted that if chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution. It is

          also submitted that the chowkidar in order to save the real

          culprit falsely implicated the petitioner, when petitioner

          admittedly is a person with clean antecedent.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Rajauli P.S. Case No.382/2020, 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
             Patna High Court CR. MISC. No.12398 of 2026(2) dt.15-04-2026
                                                         3/3




                       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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