Patna High Court
Munna YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
Munna Yadav applied for anticipatory bail after a FIR was lodged alleging that he recovered 8.64 litres of liquor from a sugarcane field belonging to Khedi Yadav, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and that the complaint was motivated by an inimical relationship with the watchman who reported the incident. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs 5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, directing verification of the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
- Whether the circumstances of non‑arrest at the spot and lack of possession justify bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- liquor offence
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1458 of 2026
Arising Out of PS. Case No.-208 Year-2025 Thana- Nawalpur District- West Champaran
======================================================
Munna Yadav Son of Shatrudhan Yadav @ Shatrudhn Yadav R/o Village -
Chandraha Rupwaliya Police Station - Bathawariya District - West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 8.64 litres of liquor from a sugarcane field of Khedi
Yadav.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a sugarcane field which does not belong to the
petitioner and petitioner has no concern or relation with Khedi
Patna High Court CR. MISC. No.1458 of 2026(2) dt.21-01-2026
2/3
Yadav. It is further submitted that petitioner came to be
implicated at the instance of the Chawkidar with whom he is on
an inimical term. It is next submitted that if the Chawkidar was
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to the institution of
the instant FIR which casts an aspersion on the case of the
prosecution.
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, let 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.5,000/- (Rupees Five 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 Nawalpur
P.S. Case No. 208 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than one case,
Patna High Court CR. MISC. No.1458 of 2026(2) dt.21-01-2026
3/3
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…