Patna High Court
Jayram YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents.
Summary
Jayram Yadav sought anticipatory bail after the police registered a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022 alleging recovery of liquor from bushes near canals, none of which was found in his possession. He argued that the alleged liquor was recovered from public land, that the complainant (a chowkidar) had a personal enmity with him, and that there was no direct evidence linking him to the contraband. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail. If more than one antecedent is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the absence of recovered liquor in the petitioner’s possession and the public nature of the alleged recovery justify bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30
- Section 41
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25257 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Jayram Yadav Son of Ram Pukar Yadav Resident of Village- Badua, P.S.-
Raghunathpur, District - Siwan
... ... 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. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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 offences punishable under Sections 30(a) and
41(1) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 100.92 litres of liquor from a bush
near a canal and 10 litres of liquor from another bush situated
near another canal. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner and is accessible to
public at large and he came to be implicated at the instance of
Patna High Court CR. MISC. No.25257 of 2026(2) dt.21-04-2026
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chowkidar with whom he is on an inimical term. It is also
submitted that if chowkidar was aware of the involvement of the
petitioner in the occurrence then why he did not inform the
police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. 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.
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.5000/- (Rupees five 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 Raghunathpur P.S. Case No.316/2025, 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
Patna High Court CR. MISC. No.25257 of 2026(2) dt.21-04-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, 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 one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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