Patna High Court
Golu Yadav @ Ravi Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted in the present case subject to a bail bond, sureties and verification of antecedents, and may be withdrawn if more than two prior cases are discovered.
Summary
Golu Yadav (Ravi Ranjan Kumar) sought anticipatory bail after a case was registered against him under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act for the alleged recovery of 302.3 litres of liquor from a location behind Sahendra Yadav’s house. The petitioner argued that he was not arrested at the spot, had no possession of the liquor, and had no connection with the premises, contending that the case was based solely on secret information. The State opposed the bail, citing the seriousness of the excise offences. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and directed verification of the petitioner’s criminal antecedents. The order further stipulated that if more than two prior cases are found, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether the absence of possession and lack of connection to the recovered liquor justify anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1), 41(2)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise offences
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail bond
- secret information
- recovery of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13762 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Golu Yadav @ Ravi Ranjan Kumar Son of Satyendra Yadav Resident of
Village- Gazadhar Bigha, P.S.- Muffasil, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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), 41(1) and
41(2) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 302.3 litres of liquor from a place
behind the house of Sahendra Yadav. 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 he has no concern or relation with Sahendra Yadav and
came to be implicated based on secret information which is the
Patna High Court CR. MISC. No.13762 of 2026(2) dt.12-03-2026
2/3
easiest way to implicate someone. It is also 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.
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.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Special Judge
Excise-II, Aurangabad in connection with Aurangabad Excise
P.S. Case No.74 of 2026, 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
found that petitioner has antecedent of more than two cases,
Patna High Court CR. MISC. No.13762 of 2026(2) dt.12-03-2026
3/3
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 two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.