Patna High Court
Baiju Yadav @ Baidyanath Kumar @ Baijnath Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of antecedents.
Summary
Petitioner Baiju Yadav sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 11.640 litres of liquor from his joint family house. He argued he has a clean antecedent, the liquor was not in his conscious possession, and the concept of deemed possession was removed by the 2018 amendment; moreover, the FIR did not disclose the informant’s name. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, and conditioned the order on verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. If any antecedent is found, the bail will not be confirmed; if none, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the removal of the deemed possession concept and lack of informant disclosure affect the bail decision.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- possession
- liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- joint family property
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18860 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- KISHANPUR District- Supaul
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Baiju Yadav @ Baidyanath Kumar @ Baijnath Kumar Yadav S/o-
Chandeshwari Yadav Resident of Village- Kishanpur Ward No. 14, P.S.-
Kishanpur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Patla Kumari
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 11.640 litres of liquor from house of the petitioner.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and the house in question is a joint family property as such it
cannot be alleged with certainty that it was petitioner, who had
kept the liquor in the house or the liquor kept in the house was
Patna High Court CR. MISC. No.18860 of 2026(2) dt.25-03-2026
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within his knowledge and after amendment in the Excise Act in
the year 2018, the concept of deemed possession and presumed
offender has been done away with and he came to be implicated
at the instance of 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 secret
information and is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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 Kishanpur P.S. Case No.256/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.18860 of 2026(2) dt.25-03-2026
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event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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