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Patna High Court

Akhilesh Yadav @ Aklesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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