Patna High Court
Mohan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent cases.
Summary
Mohan Yadav sought anticipatory bail after learning that he may be arrested in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 60 litres of liquor, related articles and a motorcycle. He argued that he was not caught in possession, was not the owner of the motorcycle and was implicated only by a chowkidar, questioning the propriety of the investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.20,000 with two sureties, and that the trial court verify his criminal antecedents. The order stipulated that if more than four prior excise cases are found, the bail would not be confirmed; if exactly four, it would be confirmed. Thus, the court conditionally allowed anticipatory bail pending verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act given the alleged facts and his prior criminal antecedents.
Subjects
- anticipatory bail
- excise law
- seizure
- criminal antecedent
- provisional bail
- Bihar Excise Act
- Section 30
- Section 41
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1342 of 2026
Arising Out of PS. Case No.-494 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Mohan Yadav Son of Sunil Yadav Resident of village - Pokhariya (Pokhriya),
P.S.- Ballia (Balliya), District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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 offences punishable under Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 60 litres of liquor along with some
articles and a motorcycle from Bahiyar near a temple.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized motorcycle and he came to be implicated at the
instance of Chowkidar but then it is submitted that if the
Patna High Court CR. MISC. No.1342 of 2026(2) dt.21-01-2026
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Chowkidar was aware about 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 further 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court 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 Ballia (Balliya) P.S.
Case No. 494 of 2025 subject to the conditions as laid down under
Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than four
Patna High Court CR. MISC. No.1342 of 2026(2) dt.21-01-2026
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cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of four cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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