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Patna High Court

Maharaja Yadav @ Maharaj YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent.

Summary

The petitioner, Maharaja Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 100 litres of liquor. He argued that he has a clean antecedent, the liquor was not in his immediate possession, and the alleged recovery occurred at a location not owned by him. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act
  • Whether the alleged facts and the petitioner's clean antecedent justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18861 of 2026
                 Arising Out of PS. Case No.-671 Year-2025 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Maharaja Yadav @ Maharaj Yadav S/o Late Dharam Yadav R/o Dumri @
                 Sumri, ward no. 5, P.S.- Majhuliya, District- West Champaran
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gyan Prakash, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  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 the

                   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 100 litres of liquor from seven gallons.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated at the instance of the local

                   person but then the name of the person who disclosed the name
Patna High Court CR. MISC. No.18861 of 2026(2) dt.26-03-2026
                                            2/3




          of the petitioner is not disclosed in the FIR, when petitioner was

          not implicated based on the secret information and admittedly is

          a person with clean antecedent.

                       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.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 Majhauliya P.S. Case No. 671 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 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
           Patna High Court CR. MISC. No.18861 of 2026(2) dt.26-03-2026
                                                       3/3




                     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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