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Patna High Court

Ajit Kumar @ Ajit Yadav @ Ajit Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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