Patna High Court
Tunna Yadav @ Arjun Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Tunna 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 argued that he has a clean antecedent, was not arrested at the spot, and that the allegation stemmed from a hostile chowkidar who falsely implicated him. The State opposed the grant of anticipatory bail. The Court, after considering the petitioner's clean record and lack of possession, ordered provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of his criminal antecedents by the trial court. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the allegations under the Bihar Prohibition and Excise Act, 2016 constitute sufficient ground to deny bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- clean antecedent
- false implication
- Section 30
- Section 41
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12726 of 2026
Arising Out of PS. Case No.-382 Year-2020 Thana- RAJAOLI District- Nawada
======================================================
Tunna Yadav @ Arjun Prasad Yadav S/o- Ganauri Yadav Village-
Jogiyamaram PS- 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.12726 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.12726 of 2026(2) dt.15-04-2026
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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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