Patna High Court
Narendra Kumar @ Jitwahan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Narendra Kumar, sought anticipatory bail in a case registered under Sections 30(a) and 32(3) of the Bihar Excise Act, 2018 and Sections 41(1) and 41(2) of the Bihar Excise Act, 2016, alleging that the liquor seizure was made from a tractor not in his possession and that his name was omitted from the FIR. He contended that the investigation was based on secret information and that he was not the owner of the seized vehicle. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further stipulated that if more than one antecedent is found, the bail would not be confirmed, but if only one antecedent exists, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise offences alleged against him.
- Whether the circumstances of the seizure and omission of the petitioner’s name from the FIR justify granting bail.
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 16070 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Narendra Kumar @ Jitwahan Yadav S/O Ramswarup Yadav R/O Vill.- Hazari
Karma, P.s.- Mufassil, Dist.- Aurangabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 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
32(3) of the Bihar Excise Act, 2018 and Sections 41(1) and
41(2) of the Bihar Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 557.5 liters of liquor from a tractor.
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 is not the owner of
the seized tractor and came to be implicated at the instance of
local person but then the name of the person who disclosed the
Patna High Court CR. MISC. No. 16070 of 2026(2) dt.17-03-2026
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name of the petitioner is not disclosed in the FIR which casts an
aspersion on the case of the prosecution, when petitioner has not
been implicated based on secret information. It is also 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 proper investigation.
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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 5,000/- (Rupees Five 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. 79 of 2026
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
in the event if it is found that petitioner has antecedent of more
Patna High Court CR. MISC. No. 16070 of 2026(2) dt.17-03-2026
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than one case 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 only one antecedent,
in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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