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Patna High Court

Shyam Sundar Yadav @ MahakalversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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