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Patna High Court

Indal Kumar Yadav @ Indal yadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent cases.

Summary

Indal Kumar Yadav applied for anticipatory bail after learning that he may be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 4.5 litres of liquor near Majhari Crossing. The petitioner argued that the liquor was not in his conscious possession, the location was public, and the FIR was based on undisclosed secret information, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. It directed that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • What is the appropriateness of granting anticipatory bail under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
  • Whether the alleged recovery of liquor from a public place and lack of conscious possession justify anticipatory bail?
  • How should the petitioner’s prior criminal antecedents affect the confirmation of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Section 30
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • Section 482 B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21206 of 2026
                       Arising Out of PS. Case No.-196 Year-2025 Thana- NIRMALI District- Supaul
                 ======================================================
                 Indal Kumar Yadav @ Indal Yadav S/O Ramawatar Yadav R/O Village-
                 Mahua, Ward No. 2, PS- Nirmali, Distt-Supaul
                                                                     ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pratibha Srivastava, Advocate
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  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 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 4.5 litres of liquor from a bag near

                   Majhari Crossing.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is accessible to public at large. It is further submitted

                   that petitioner came to be implicated at the instance of the local
Patna High Court CR. MISC. No.21206 of 2026(2) dt.01-04-2026
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          person but then the name of the person who disclosed the name

          of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution, when petitioner was

          not implicated based on the secret information. 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, confessional statement

          or secret information 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 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 Nirmali P.S. Case No. 196 of 2025,

          S.T. Ex. 3894 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned
           Patna High Court CR. MISC. No.21206 of 2026(2) dt.01-04-2026
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                     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

                     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.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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