Patna High Court
Akhilesh Yadav @ Aklesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedents and compliance with the conditions under Section 482(2) of the Bihar Criminal Procedure Code.
Summary
The petitioner, Akhilesh Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the alleged recovery of 50 litres of liquor occurred at a location not belonging to him, that no liquor was found in his possession, and that the complaint was filed by a hostile chowkidar, raising doubts about the prosecution’s case. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedents. If more than one antecedent is found, the bail will not be confirmed; if only one antecedent is found, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged lack of possession and the circumstances of the complaint justify the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
Subjects
- anticipatory bail
- sections 274
- sections 275
- section 30(a)
- bail conditions
- criminal antecedents
- provisional bail
- verification of antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20183 of 2026
Arising Out of PS. Case No.-566 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Akhilesh Yadav @ Aklesh Kumar Son of Mohan Yadav @ Mohan Rai
Resident of Village- Kadhan Ward No. 1, P.S.- Kesariya, District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Anand Kishore Choudhary
======================================================
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 Sections 274, 275
of the BNS, 2023 and Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 50 litres of liquor from a place near
diyara area. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and is accessible to villagers at
Patna High Court CR. MISC. No.20183 of 2026(2) dt.31-03-2026
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large and he came to be implicated at the instance of chowkidar
with whom he is on an inimical term. It is also 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 next submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.5000/- (Rupees five 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 Kesariya P.S. Case No.566/2025, 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
Patna High Court CR. MISC. No.20183 of 2026(2) dt.31-03-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
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 has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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