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Patna High Court

Kailash Yadav @ Kaila KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Kailash Yadav, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 500 litres of liquor from three motorcycles. He asserted that he had no prior criminal record, was not in possession of the liquor, and was falsely implicated by a watchman with whom he had a personal dispute. The petitioner sought anticipatory bail, arguing that the watchman's allegations were unreliable and that no material was recovered from his conscious possession. The State opposed the bail, contending that the seriousness of the offence warranted denial of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify the petitioner’s antecedent before confirming the bail. If any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged involvement of the petitioner, based solely on the watchman's testimony, justifies denial of bail.
  • Whether the petitioner’s clean antecedent, if verified, warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2) CrPC
  • clean antecedent
  • liquor seizure
  • watchman testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20136 of 2026

                          Arising Out of PS. Case No.-12 Year-2026 Thana- Gurupa District- Gaya
                 ======================================================
                 Kailash Yadav @ Kaila Kumar Son of Ramdev Yadav Resident of village -
                 Ambatari, P.S.- Chauparan, District - Hazaribagh, Jharkhand, Pin - 825409.


                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anmol Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                   ORAL ORDER


2   31-03-2026                   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 30(a) of the

                   Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 500 liters of liquor from three motorcycles.

                                 4. Learned     counsel for the petitioner submits that
Patna High Court CR. MISC. No.20136 of 2026(2) dt.31-03-2026
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          petitioner was not apprehended from the spot as such nothing

          was recovered from his conscious possession and is not the

          owner of any of the seized motorcycles and he came to be

          implicated at the instance of Chowkidar with whom he is on an

          inimical term. It is next submitted that if Chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution. It is

          also submitted that the Chowkidar in order to save the real

          culprits falsely implicated the petitioner, when petitioner

          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, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          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 Gurupa

          P.S. Case No. 12 of 2026 subject to the conditions as laid down
            Patna High Court CR. MISC. No.20136 of 2026(2) dt.31-03-2026
                                                        3/3




                      under Section 482 (2) of the BNSS.

                                   7. It is made clear that thereafter the learned Trial Court

                      shall verify the criminal antecedent of the petitioner and in the

                      event if it is found that petitioner has antecedent of even one case

                      then it would be presumed that petitioner, for the purposes of

                      seeking anticipatory bail, had concealed his antecedent before this

                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if 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)
Rishabh/-

U      T


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