Created by Fuzzy Cloud

Patna High Court

Mayalal Singh @ Maya Lal YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/4




          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.
Patna High Court CR. MISC. No.16511 of 2026(2) dt.17-03-2026
                                            3/4




                       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
           Patna High Court CR. MISC. No.16511 of 2026(2) dt.17-03-2026
                                                       4/4




                     the provisional anticipatory bail order shall be confirmed

                     forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.