Sanjeet Yadav @ Sanjit YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2486 of 2026
                       Arising Out of PS. Case No.-1 Year-2024 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Sanjeet Yadav @ Sanjit Yadav S/o Late Anjan Yadav @ Late Anjani Yadav
                 R/o vill - Salarpur, P.S.- Parbatta, Distt.- Khagaria
                                                                              ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Braj Kishore Pd., A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  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 is a person with clean antecedent and allegation is of

                   recovery of 25 litres of liquor from the house of the petitioner

                   which is under construction.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession. It is further submitted

                   that the house is under construction, as such, no one is staying in

                   the house at the present and it appears that someone inimical to

                   the family of the petitioner concealed the meager amount of
Patna High Court CR. MISC. No.2486 of 2026(2) dt.27-01-2026
                                            2/3




          liquor with a view to implicate the entire family members. It is

          next submitted that no prudent person would use his own

          premises for committing an occurrence and thus would create

          evidence against himself and hence would get implicated. It is

          also submitted that petitioner came to be implicated at the

          instance of the Chawkidar but then it is submitted that if the

          Chawkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to the

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

                       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 before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees Five Hundred) 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 Parbatta

          P.S. Case No. 01 of 2024, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
           Patna High Court CR. MISC. No.2486 of 2026(2) dt.27-01-2026
                                                       3/3




                                  7. It is made clear that thereafter the learned trial

                     court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of even one case, 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 is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the Lawyers’ Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T