Patna High Court
Madan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
Madan Yadav applied for anticipatory bail in a case under the Bihar Prohibition and Excise (Amendment up to date) Act, 2016, alleging offences under sections 30(a), 32, 33, 36 and 41(i). He claimed he was not in possession of the seized spirits, was not the owner of the vehicles involved, and was implicated solely on secret information without proper investigation. The State opposed the bail. The High Court, considering the petitioner's submissions, directed that he be released on provisional anticipatory bail upon furnishing a bail bond of Rs.15,000 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of his criminal antecedents. The court clarified that if more than three prior cases are found, the bail will not be confirmed; if only three, it will be confirmed. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in the present excise case
- Whether the petitioner’s alleged antecedent of more than three cases affects the confirmation of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- Section 482
- criminal antecedent
- high court order
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12918 of 2026
Arising Out of PS. Case No.-294 Year-2020 Thana- Excise P.S. District- East Champaran
======================================================
Madan Yadav S/o Shankar Rai Resident of village - Rajapur Mathiya, P.S.-
Kotwa, Distt.- 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. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a), 32, 33, 36 and
41(i) of Bihar Prohibition and Excise (Amendment up to date)
Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of three cases under the Excise Act
and allegation is of recovery of 6000 litres of spirit from four
different vehicles. It is next submitted that petitioner was not
arrested from the spot, as such, nothing was recovered from his
conscious possession and is not the owner of any of the seized
vehicles and came to be implicated based on secret information,
which is the easiest way to implicate someone. It is also
Patna High Court CR. MISC. No.12918 of 2026(2) dt.10-03-2026
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submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation. It is
next submitted that earlier also the petitioner came to be
implicated in cases relating to excise.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of learned Exclusive
Special, Excise Court No.-02, East Champaran, Motihari in
connection with Excise P.S. Case No.294 of 2020, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.12918 of 2026(2) dt.10-03-2026
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found that petitioner has antecedent of more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only three cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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