Patna High Court
Ajit Kumar @ Ajit Yadav @ Ajit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of antecedent cases.
Summary
Ajit Kumar Yadav was implicated in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of large quantities of liquor from premises not belonging to him. He claimed the allegation arose from a hostile chowkidar and that he was not in conscious possession of the liquor. The petitioner, who has six prior criminal cases (four under the Excise Act), sought anticipatory bail. The court examined the submissions, noting the lack of arrest at the spot and the possibility of false implication, but also considered the petitioner’s antecedents. It granted provisional anticipatory bail conditioned on a bail bond of Rs.30,000 with two sureties and directed the trial court to verify the number of antecedent cases, with the bail to be confirmed only if the antecedents do not exceed six.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite his prior criminal antecedents and the nature of the alleged offence under the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged recovery of liquor establishes conscious possession sufficient to deny bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- criminal antecedent
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20565 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- BOKHRA District- Sitamarhi
======================================================
Ajit Kumar @ Ajit Yadav @ Ajit Kumar Yadav Son of Ramlala Yadav @
Ram Lal Yadav Resident of Village - Mahisautha, Police Station- Bokhra,
District -Sitamadhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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
Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases, out of which, four cases
are under the Excise Act and allegation is of recovery of 32.85
litres of liquor from a hut situated near the house of Md. Irshad,
311.46 litres of liquor from a bush near the house of Sushil
Kumar along with 100-150 litres of Mahua Jaggery solution
which was destroyed. It is next submitted that petitioner was
not arrested from the spot as such nothing was recovered from
Patna High Court CR. MISC. No.20565 of 2026(2) dt.17-04-2026
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his conscious possession and even alleged recovery is from a
place which does not belong to the petitioner and petitioner has
no concern or relation with Md. Irshad and Sushil and he came
to be implicated at the instance of chowkidar with whom he is
on an inimical term. It is also submitted that in majority of the
case, the police implicates at the instance of chowkidar and
local person specially those accused who have criminal
antecedent under the Excise Act, 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.30,000/- (Rupees Thirty 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 Bokhra P.S. Case No.04/2026, 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
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.20565 of 2026(2) dt.17-04-2026
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event if it is found that petitioner has antecedent of more than
six cases, 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 six
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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