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Patna High Court

Birendra Kumar Yadav @ Veer Kumar Yadav @ Virendra Kumar Yadav @ Veerbabu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Birendra Kumar Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 303(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor from two vehicles. He argued that the alleged offences were based on secret information, he was not in possession of the seized liquor, and he had a clean criminal antecedent. The State opposed the bail. The Court examined procedural defects in the bail application, ignored defects 6(1), 6(3) and 6(4), and considered the petitioner’s clean record. It granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., directing the trial court to verify his antecedent before confirming the bail. If any antecedent is found, the bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. despite the alleged offences.
  • Whether the procedural defects in the anticipatory bail application can be ignored.
  • Whether the petitioner’s alleged clean antecedent warrants grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • Prohibition and Excise Act
  • procedural defects
  • clean antecedent
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18805 of 2026
                   Arising Out of PS. Case No.-320 Year-2025 Thana- BABUBARHI District- Madhubani
                 ======================================================
                 Birendra Kumar Yadav @ Veer Kumar Yadav @ Virendra Kumar Yadav @
                 Veerbabu Yadav S/O Dinesh Yadav Resident of Village- Nawtoli Police
                 Station- Babubarahi District- Madhubani.
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Soban Asghar, Advocate
                 For the Opposite Party/s :      Dr. (Mr.) Kumar Uday Pratap, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  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 Sections 303(2) and

                   3(5) of the BNS, 2023 as well as Sections 30(a) and 41 of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that the

                   defect no. 6(2), as pointed out by the office, has been removed

                   and as far as defects no. 6(1), 6(3) and 6(4) are concerned, the

                   same may be ignored.

                                4. In view of the submissions made by the learned

                   counsel appearing on behalf of the petitioner, the defects no.

                   6(1), 6(3) and 6(4) are hereby ignored.

                                5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18805 of 2026(2) dt.01-04-2026
                                            2/3




          petitioner is a person with clean antecedent and allegation is of

          recovery of 126 litres of liquor from a Scorpio and 42.9 litres of

          liquor from a motorcycle.

                       6. 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 any of the seized vehicles but

          then came to be implicated at the instance of the local person

          but then the name of the person who disclosed the 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 the secret information.

                       7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       8. 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.500/- (Rupees Five Hundred) 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 Babubarahi P.S. Case No. 320 of 2025,
           Patna High Court CR. MISC. No.18805 of 2026(2) dt.01-04-2026
                                                       3/3




                     subject to the conditions as laid down under Section 438(2) of

                     the Cr.P.C./482(2) of the B.N.S.S.

                                  9. 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 even one case,

                     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 is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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