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Patna High Court

Bullet Yadav @ Bulet YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedents.

Summary

Bullet Yadav sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging concealment of liquor in his fields. He argued that no liquor was recovered from his possession, the FIR omitted the informant's name, and that an inimical party likely framed him. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a Rs.15,000 bond, two sureties, and verification of his criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The trial court was directed to verify the antecedents and act accordingly.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite alleged involvement in liquor concealment under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • excise law
  • liquor concealment
  • criminal antecedents
  • Section 30
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22845 of 2026
                   Arising Out of PS. Case No.-18 Year-2026 Thana- MANJHAGARH District- Gopalganj
                 ======================================================
                 Bullet Yadav @ Bulet Yadav S/o Amresh Yadav Resident of Village -
                 Bhaisahi Nawka Tola, P.S. - Manjhagarh, District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh
                 For the Opposite Party/s :      Mr. Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases, out of which, two cases

                   are under the Excise Act and allegation is of recovery of 9 litres

                   of liquor concealed under straw kept near poultry farm and 567

                   litres of liquor from a bamboo orchard of the petitioner. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from his conscious possession and

                   It is next submitted that no prudent person would use his own

                   field for committing an occurrence and thus would create
Patna High Court CR. MISC. No.22845 of 2026(3) dt.27-04-2026
                                            2/3




          evidence against himself and hence would get implicated. It is

          also submitted that someone inimical to the family concealed

          the liquor in the bamboo orchard and petitioner came to be

          implicated at the instance of local 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 has not been implicated based on

          secret information.

                       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.15,000/- (Rupees fifteen 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 Manjhagarh P.S. Case No.18/2026, 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.22845 of 2026(3) dt.27-04-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of more than

                       three 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 three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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