Patna High Court
Shyam Sundar Yadav @ MahakalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond and surety conditions, with confirmation contingent on verification of the petitioner’s antecedents.
Summary
Shyam Sundar Yadav sought anticipatory bail fearing arrest in a case under Sections 274, 275 of the B.N.S.S. and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He claimed the liquor allegedly recovered from a field did not belong to him and that the police investigation was mechanically based on a hostile chowkidar’s statement. The State opposed the bail. The court, after considering the petitioner's antecedent of three cases, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.15,000 with two sureties and directed the trial court to verify his criminal antecedents. If more than three prior cases are found, the bail would not be confirmed; if exactly three, it would be confirmed. The order thus provides conditional relief pending verification.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged excise offences and the petitioner’s criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 274, 275, 482(2)
Subjects
- anticipatory bail
- excise offence
- police investigation
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23523 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- GHOGHARDIHA District- Madhubani
======================================================
Shyam Sundar Yadav @ Mahakal son of Balram yadav Resident of village -
Chikna, Ps- Ghoghardiha, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat
For the Opposite Party/s : Mr. Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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 Sections 274, 275
BNS and Sections 30(a) of Bihar Prohibition and Excise Act,
2016.
3. In view of the submissions made by the learned
counsel for the petitioner with regard to antecedent, the defects
as pointed out by the office is hereby ignored.
4. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases, out of which, one case
is under the Excise Act and allegation is of recovery of 12.75
litres of liquor from field of petitioner. It is next submitted that
petitioner was not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.23523 of 2026(2) dt.28-04-2026
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recovered from his conscious possession. It is asserted and
submitted that even alleged recovery is from a field which does
not belong to the petitioner but then he came to be implicated at
the instance of chowkidar with whom he is on an inimical term.
It is also submitted that had the police investigated the case in
its correct perspective it would come to the fore that the field
from where the alleged recovery of liquor was made does not
belong to the petitioner. It is also submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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, 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 Ghoghardiha P.S. Case No.27/2026, subject
Patna High Court CR. MISC. No.23523 of 2026(2) dt.28-04-2026
3/3
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
7. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
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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