Patna High Court
Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioners subject to bail bonds, sureties, and verification of their criminal antecedent.
Summary
Vikash Yadav and Sanjay Yadav were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 40.5 litres of liquor from an abandoned house belonging to the second petitioner. The petitioners contended that they have clean antecedents, were not caught in possession of the liquor, and that the house was accessible to villagers, suggesting a possible framing by hostile parties. The State opposed their prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to the furnishing of bail bonds of Rs. 500 each with two sureties and directed verification of the petitioners' criminal antecedent by the trial court. It further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail order.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of possession of the alleged liquor and the fact that the premises were abandoned affect the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13934 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- LAXMIPUR District- Jamui
======================================================
1. Vikash Yadav son of Matuki Yadav @ Matukdhari Yadav Resident of Village
- Yadav tola Matiya, Ps- Laxmipur, Dist- Jamui
2. Sanjay Yadav Son of Ragho Yadav Resident of Village - Yadav tola Matiya,
Ps- Laxmipur, Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 40.500 liters of liquor from an abandoned house of
petitioner no. 2.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and no one stays
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in the house which is abandoned and is accessible to villagers at
large. It is next submitted that no prudent person would use his
own premise for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
It is also submitted that it might be a possibility that someone
inimical to the family or knowing that the house is lying in an
abandoned condition concealed meager amount of liquor and
the police in a mechanical manner implicated the petitioners
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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 Laxmipur
P.S. Case No. 60 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 petitioners and in the
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event if it is found that any of the petitioners have antecedent of
even one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed, but after verification if it is
found that petitioners are persons with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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