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Patna High Court

Madan YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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