Patna High Court
Prabhu Kumar @ Prabhu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, owing to the petitioner’s clean antecedent and lack of direct possession, provisional anticipatory bail should be granted subject to verification of antecedents.
Summary
Petitioner Prabhu Kumar feared arrest in a case under the Bihar Prohibition and Excise Act for alleged recovery of 557.5 litres of liquor from a tractor. He argued that he had no direct possession, was not the owner of the vehicle, and that the informant’s name was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed his prayer for anticipatory bail. The court, noting the petitioner’s clean antecedent and the lack of direct evidence linking him to the seized liquor, granted provisional anticipatory bail for six weeks on a bond of Rs.500 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of his criminal record. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately. The trial court was directed to verify the antecedents and act accordingly.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
- Whether the absence of direct possession and the omission of the informant’s name from the FIR justify granting bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- clean antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14263 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Prabhu Kumar @ Prabhu Kumar Yadav S/o Lalan Yadav R/o Badri Bigha,
P.S.- Fesar, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh
For the Opposite Party/s : Mr. Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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 Sections 30(a),
32(3), 41(1) and 41(2) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 557.5 litres of liquor from a tractor. 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 the seized vehicle and he came to be implicated at
the instance of local person but then it is submitted that the
name of the person who disclosed the name of the petitioner is
not disclosed in the FIR which casts an aspersion on the case of
Patna High Court CR. MISC. No.14263 of 2026(2) dt.13-03-2026
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the prosecution, when petitioner has not been implicated based
on secret information.
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.500/- (Rupees five hundred) 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 Excise Sadar P.S. Case No.79/2026, 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 even one
case, 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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.14263 of 2026(2) dt.13-03-2026
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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