Patna High Court

Sushil Yadav @ Sushil Kumar YadavversusThe State of Bihar

Decided: 10 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to bail bond, sureties, surrender within six weeks, and verification of criminal antecedents.

Summary

The petitioner, Sushil Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, where 311.46 litres of liquor were allegedly recovered from a bush near his house. He argued that the liquor was not in his possession, the recovery site did not belong to him, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail, requiring the petitioner to furnish a bail bond of Rs.20,000 with two sureties and to surrender within six weeks, subject to verification of his criminal antecedents under Section 482(2) of the B.N.S.S. If more than four prior cases are found, the bail would not be confirmed. The order directs the trial court to verify antecedents and confirm bail if only four cases are found.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018
Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for granting anticipatory bail

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30(a)
Section 482(2)
criminal antecedents
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13374 of 2026
                       Arising Out of PS. Case No.-4 Year-2026 Thana- BOKHRA District- Sitamarhi
                 ======================================================
                 Sushil Yadav @ Sushil Kumar Yadav Son of Janardan Yadav Resident of
                 Village - Mahisautha, Ward no. 12, P.S. - Bokhra, District - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases, out of which, three cases

                   are under the Excise Act and allegation is of recovery of 311.46

                   litres of liquor from a bush near the house of the petitioner. 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 but then is adjacent to his house and he came to be

                   implicated at the instance of chowkidar. It is also submitted that
Patna High Court CR. MISC. No.13374 of 2026(2) dt.10-03-2026
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          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either through chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       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.20,000/- (Rupees twenty thousand)

          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 Bokhra P.S. Case No.4/2026, 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 more than

          four cases, 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 has antecedent of four
             Patna High Court CR. MISC. No.13374 of 2026(2) dt.10-03-2026
                                                         3/3




                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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