Patna High Court
Jokhan Yadav @ Jokhan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Jokhan Yadav sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41 of the Bihar Excise Act for alleged recovery of 1,049.640 litres of liquor from a truck. He contended that he was not in possession of the liquor, was not the owner of the seized vehicle, and that his name was omitted from the FIR, suggesting a mechanically driven investigation. The State opposed the bail. The Court granted provisional anticipatory bail on condition of furnishing a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If more than three prior cases are found, the bail will not be confirmed; if three or fewer, the provisional order will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case under Sections 30(a) and 41 of the Bihar Excise Act
- Whether the petitioner’s alleged lack of possession and omission from the FIR justify bail
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 30
- Section 41
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15023 of 2026
Arising Out of PS. Case No.-560 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
Jokhan Yadav @ Jokhan Kumar S/o- Sigasan Singh @ Singasan Yadav
Resident of Village- Chakiya PS- Dehri (M) District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Siddharth Harsh
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 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) and
41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 1049.640 litres of liquor from a
truck.
4. Learned counsel for the petitioner submits that the
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 villager, but then the name of the person, who disclosed
Patna High Court CR. MISC. No.15023 of 2026(2) dt.17-03-2026
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the name of the petitioner is not disclosed in the FIR, which
casts an aspersion on the case of the prosecution. It is further
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. It is
also submitted that petitioner earlier also came to be implicated
in a similar manner in cases relating to Excise.
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, 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.
15,000/- (Rupees Fifteen 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 Case No. 2096 of 2025 arising out of Excise P.S. Case No.
560 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 petitioner and
Patna High Court CR. MISC. No.15023 of 2026(2) dt.17-03-2026
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in the event if it is found that petitioner has antecedent of more
than three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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