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Patna High Court

Jokhan Yadav @ Jokhan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                          3/3




                        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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