Patna High Court

Sanoj Yadav @ Sanoj KumarversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of the petitioner’s antecedents.

Summary

The petitioner, Sanoj Yadav, sought anticipatory bail in a case registered under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act for alleged recovery of 770 litres of liquor from seven motorcycles. He argued that he was not arrested at the scene, had no possession of the seized vehicles, and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. It further held that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the bail would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of the excise case.
Whether the omission of the informant’s name in the FIR undermines the prosecution’s case.
Whether the petitioner’s prior criminal antecedents affect the grant of bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise law
bail conditions
criminal antecedent
FIR
police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15035 of 2026
                      Arising Out of PS. Case No.-1042 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Sanoj Yadav @ Sanoj Kumar Son of Sarju Yadav @ Saryu Yadav R/O Vill.-
                 Mohkma @ Mahkama, P.S.- Rajauli, District - Nawada.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Kumar Verma
                 For the Opposite Party/s :        Mr. Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-03-2026                      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), 47 of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 770 litres of liquor from seven

                   motorcycles. 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 any of the seized vehicle and

                   he came to be implicated at the instance of local person but then

                   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
Patna High Court CR. MISC. No.15035 of 2026(2) dt.16-03-2026
                                            2/3




          of the prosecution. It is also submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       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.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 P.S. Case No.1042/2025, 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 more than

          two cases, 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
             Patna High Court CR. MISC. No.15035 of 2026(2) dt.16-03-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

Continue reading with your account

Checking your session…