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Patna High Court

Kapil YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the delay and prior criminal antecedent warranted refusal.

Summary

The petitioner, Kapil Yadav, sought anticipatory bail fearing arrest in a 2012 case under Section 47(a)(F) of the Bihar Prohibition of Excise Act for alleged possession of 90 litres of liquor and 900 kg of mixed Java Mahua solution. The prosecution presented the raid and seizure details, and also highlighted that the petitioner had prior criminal cases, including a 2012 case and a 2013 case under Section 323 of the IPC. The court noted that the application was filed thirteen years after the original FIR and that the petitioner had a criminal antecedent. Considering the long delay and the existence of prior offences, the court found no justification to grant bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail can be granted after a delay of thirteen years since the FIR
  • Whether the petitioner’s prior criminal antecedent under IPC Section 323 precludes the grant of anticipatory bail
  • Whether the allegations under Section 47(a)(F) of the Bihar Prohibition of Excise Act justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • prohibition of excise
  • IPC 323
  • criminal antecedent
  • delay in filing
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20462 of 2026
                   Arising Out of PS. Case No.-343 Year-2012 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Kapil Yadav S/O Sahdeo Yadav @ Bailu yadav R/O Village- Hasanpur, P.S.-
                 Hishua, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Vishwa Ranjan Choudhary, Adv.
                 For the Opposite Party/s :    Mrs. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                    Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with G.O. Case No. 343 of 2012 for the offence registered under

                   sections 47(a)(F) of the Bihar Prohibition of Excise Act.

                                3. As per the prosecution story, the Police raided the

                   place of the petitioner and there is recovery/seizure of 90 litre

                   liquor in plastic gallons beside 900 kg of mixed Java Mahua

                   solution. This led to the FIR.

                                4. Though learned counsel for the petitioner tried to

                   impress upon this Court about his innocence, Mr. Bharat

                   Bhushan, learned APP has taken this Court to the case which

                   records that it has been lodged on 30.07.2012, thirteen years

                   ago. Further, not only another case was registered against him
           Patna High Court CR. MISC. No.20462 of 2026(2) dt.08-04-2026
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                     amongst other under Section 323 of the IPC, subsequently in the

                     year 2013 also, there is case against him amongst other under

                     Section 323 of the IPC.

                                  5. Considering the aforesaid fact and the coming of

                     this Court after thirteen years with criminal antecedent under his

                     belt, no relief can be extended.

                                  6. The anticipatory bail application stands rejected.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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