Patna High Court
Vikash YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Vikash Yadav, sought anticipatory bail fearing arrest in a case registered under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 126 litres of liquor from two motorcycles. He contended that he was not arrested on the spot, had no conscious possession of the liquor, was not the owner of the vehicles, and was implicated solely on secret information without proper investigation, despite having four prior excise cases. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail conditioned on furnishing a bail bond of Rs.20,000 with two sureties and compliance with Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S., subject to verification of his criminal antecedent. The order stipulated that if verification reveals more than four prior cases, the bail would not be confirmed; if only four, it would be confirmed. Thus, the petitioner was granted conditional anticipatory bail pending further verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged offences under Section 317(5) BNS and Section 30(a) Bihar Prohibition and Excise Act, 2022.
- Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 438 CrPC
- Section 317 BNS
- Section 30(a) Bihar Prohibition and Excise Act
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18754 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Vikash Yadav S/o Hari Shankar Yadav Resident of vill- Narkatiya PS-Nautan
Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 offences punishable under Section 317(5) of
the BNS as well as Section 30(a) of the Bihar Prohibition and
Excise (Amendment) 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 126 litres of liquor from two
motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicles and came
to be implicated based on the secret information which is the
Patna High Court CR. MISC. No.18754 of 2026(2) dt.25-03-2026
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easiest way to implicate someone. 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, confessional statement or secret
information without holding a proper investigation of the case.
It is also submitted that petitioner in similar manner earlier also
came to be implicated in cases relating to excise.
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, let 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 Meerganj P.S. Case No. 299 of 2025,
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. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than four
Patna High Court CR. MISC. No.18754 of 2026(2) dt.25-03-2026
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cases, it would be presumed that petitioner had concealed his
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 has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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