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Patna High Court

Sahendra Yadav @ Sushil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

Petitioner Sahendra Yadav sought anticipatory bail fearing arrest in a case under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016, alleging that the liquor was recovered from a location adjacent to his house and not from his possession. He has two prior excise cases and contended that the investigation was based on secret information without proper inquiry. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on furnishing a bail bond of Rs.10,000 with two sureties and mandated verification of the petitioner’s criminal antecedent. If the verification shows more than two prior cases, the bail will not be confirmed; if only two, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether anticipatory bail can be granted in an excise case where the alleged contraband was not found in the accused's possession.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • criminal antecedent
  • bail conditions
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14653 of 2026
                     Arising Out of PS. Case No.-74 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Sahendra Yadav @ Sushil Kumar Son of Hari Yadav R/o Village - Gajadhar
                 bigha, P.S. - Aurangabad Muffasil, District - Aurangabad, Bihar.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Rupa Kumari, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, A.P.P.
                 ======================================================
                 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 offences punishable under Sections 30(a),

                   41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent 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 the petitioner.

                                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 place which does not belong to the petitioner

                   but then is adjacent to his house and he came to be implicated

                   based on the secret information which is the easiest way to
Patna High Court CR. MISC. No.14653 of 2026(2) dt.13-03-2026
                                            2/3




          implicate someone. It is further submitted that once an accused

          is implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       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 within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Excise Sadar P.S. Case No. 74 of

          2026, subject to the conditions as laid down under Section

          438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       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 two cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.14653 of 2026(2) dt.13-03-2026
                                                       3/3




                     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 two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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