Patna High Court
Mayalal Singh @ Maya Lal YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to bond, surety conditions and verification of their criminal antecedents.
Summary
The petitioners, six residents of Slaempur village, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning the alleged recovery of 250 litres of liquor from a sack near the Kumhari River. They contended that the liquor was not in their conscious possession, the site did not belong to them, and they were implicated by a hostile chawkidar. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of each petitioner’s criminal antecedents. It further stipulated that if the antecedent cases exceed the numbers disclosed, the bail would not be confirmed; otherwise, the provisional order would be confirmed forthwith.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- Cr.P.C. Section 438
- B.N.S.S. Section 482
- criminal antecedent
- liquor seizure
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16511 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- CHANDI District- Bhojpur
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1. Mayalal Singh @ Maya Lal Yadav S/o Ram Narayan Singh @ Bhuwar
Singh @ Bhuwar Yadav R/o Village - Slaempur, P.S - Chandi, District -
Bhojpur
2. Bala Kumar @ Niranjan Kumar S/o Mor Yadav @ Bhor Yadav R/o Village -
Slaempur, P.S - Chandi, District - Bhojpur
3. Abhishek Kumar S/o Ram Minat Singh @ Ram Minat Yadav R/o Village -
Slaempur, P.S - Chandi, District - Bhojpur
4. Jarasi Kumar @ Ranjan Kumar S/o Mor Yadav @ Bhor Yadav R/o Village -
Slaempur, P.S - Chandi, District - Bhojpur
5. Galli Kumar @ Anand Kumar S/o Ram Laddu Singh @ Ram Laddu Yadav
@ Laddu Yadav R/o Village - Slaempur, P.S - Chandi, District - Bhojpur
6. Pintu Kumar S/o Jitan Yadav R/o Village - Slaempur, P.S - Chandi, District -
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioner no. 1, 3 and 6 have antecedent of three cases under the
Patna High Court CR. MISC. No.16511 of 2026(2) dt.17-03-2026
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Excise Act, petitioner no. 2 and 4 have antecedent of one case
under the Excise Act and petitioner no. 5 is a person with clean
antecedent and allegation is of recovery of 250 litres of liquor
from a sack near the bank of Kumhari River.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large. It is further
submitted that petitioners came to be implicated at the instance
of the Chawkidar with whom they are on an inimical term. It is
next submitted that if the Chawkidar was aware of the
involvement of the petitioners in the occurrence then why he did
not inform the police prior to the institution of the instant FIR
which casts an aspersion on the case of the prosecution. It is
next submitted that once an accused is implicated in a case
relating to excise the police start implicating mechanically either
at the instance of the Chawkidar, local person, secret
information or confessional statement without holding a proper
investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
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6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners, above-named, in
the event of their arrest or surrender 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) each 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 Chandi P.S. Case
No. 02 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
if it is found that petitioner no. 1, 3 and 6 have antecedent of
more than three cases, petitioner no. 2 and 4 have antecedent of
more than one case and petitioner no. 5 has antecedent of even
one case, it would be presumed that petitioners had concealed
their antecedent before this Court at para 3 of the anticipatory
bail application in that event the provisional anticipatory bail
order shall not be confirmed but if it is found on verification that
petitioner no. 1, 3 and 6 have antecedent of only three cases,
petitioner no. 2 and 4 have antecedent of only one case and
petitioner no. 5 is a person with clean antecedent in that event
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the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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