Patna High Court
Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court held that provisional anticipatory bail may be granted subject to verification of antecedents and conditions prescribed under Section 482(2) of the CrPC.
Summary
The petitioner, Pawan Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 351 litres of liquor from a public bush. He argued that the liquor was not in his possession, the location did not belong to him, and the investigation relied on secret information without proper inquiry. The State opposed the bail, contending the seriousness of the offence. The High Court, invoking its inherent powers under Section 482(2) of the Code of Criminal Procedure, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties. The order directed the trial court to verify the petitioner’s criminal antecedents and stipulated that if more than four prior cases are found, the bail would not be confirmed; if exactly four, it would be confirmed. The court thus balanced the petitioner’s right to liberty with the need for thorough verification of his criminal history.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the High Court can impose conditions and a verification mechanism under its inherent powers under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Bihar Prohibition and Excise Act
- Section 482
- high court inherent powers
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15065 of 2026
Arising Out of PS. Case No.-226 Year-2025 Thana- HATHUA District- Gopalganj
======================================================
Pawan Yadav Son of Dev Sharan Yadav Resident of Vill. - Majhwaliya, P.S. -
Ashaw Tola Bhawani Sthan, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam
For the Opposite Party/s : Ms. Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 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
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 351 litres of liquor from a bush. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner and is accessible to public at large and he came to
be implicated based on secret information which is the easiest
way to implicate someone. It is also submitted that once an
Patna High Court CR. MISC. No.15065 of 2026(2) dt.16-04-2026
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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.20,000/- (Rupees twenty 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 Hathua P.S. Case No.226/2025, 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
four 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
on verification it is found that petitioner has antecedent of four
Patna High Court CR. MISC. No.15065 of 2026(2) dt.16-04-2026
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cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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