Patna High Court
Alok Yadav @ Alok Kumar Yadav @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Alok Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 106 litres of liquor from a motorcycle. He contended that he was not in possession of the liquor, was not the vehicle's owner, and that the FIR omitted his name, raising doubts about the prosecution's case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition that the trial court verify his criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The petitioner also agreed to deposit Rs.5,000 with the Patna High Court Lawyers’ Association.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- bail bond
- Section 30
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2022 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- JIRADEI District- Siwan
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Alok Yadav @ Alok Kumar Yadav @ Alok Kumar S/o Ramakant Yadav R/o
Ruiya, Post - Ruiyabangra, P.S.- Zeradei, Distt.- Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 106 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated at the instance of the local person but then it is
submitted that the name of the person who disclosed the name
Patna High Court CR. MISC. No.2022 of 2026(2) dt.27-01-2026
2/3
of the petitioner is not disclosed in the 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 start implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case.
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 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.10,000/- (Rupees Ten 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 Zeradei
P.S. Case No. 148 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than two cases,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.2022 of 2026(2) dt.27-01-2026
3/3
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
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with the Lawyers’ Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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