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Patna High Court

Vikash YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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