Patna High Court
Amit Yadav @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that anticipatory bail should be granted to the petitioners, subject to conditions, under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, Amit Yadav and Sibi Yadav, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 after 40 litres of country-made liquor were seized from an open area. They contended that the seizure was unrelated to them, that the recovery was from a public place, and that no independent witness was present, alleging that the accusation stemmed from animosity. The State opposed bail, citing a prior criminal antecedent of a similar nature, though the petitioners claimed bail had already been granted in that case. The Court examined the facts, noted the absence of possession by the petitioners and the lack of a proper witness, and considered the prior antecedent. It granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs 10,000 each with two sureties, subject to cooperation with investigation and verification of criminal antecedents under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to the petitioners accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the lack of independent witness and the open‑place recovery of liquor negates liability.
- Whether a prior criminal antecedent bars the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Amendment Act
- criminal antecedent
- search and seizure
- Section 438
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25904 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- NAYA RAM NAGAR District- Munger
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1. Amit Yadav @ Amit Kumar S/o Ghantu Yadav R/o Village - Paniyala Chak,
P.S - Naya Ramnagar, District -Munger
2. Sibi Yadav @ Santosh Kumar S/o Mano Yadav R/o Village - Paniyala Chak,
P.S - Naya Ramnagar, District -Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Sah, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Amendment Act, 2022.
3. A perusal of the first information report and the
seizure list would go to show that 40 liters of country made
liquor has been recovered from two jars, which was allegedly
thrown away by the petitioners.
4. Learned counsel for the petitioners submits that the
name of the petitioners has transpired in this case on the
disclosure made by the local chaukidar due to animosity. The
Patna High Court CR. MISC. No.25904 of 2026(2) dt.24-04-2026
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petitioners have no concern either with the seized liquor or any
trade of liquor. It is a matter of fact that the said recovery was
made from an open place, which is easily accessible to anyone,
hence no liability can be fastened on these petitioners. There is
no independent witness to the search and seizure violating the
mandatory provisions of search and seizure.
5. Learned APP for the State opposes the prayer of
anticipatory bail and submits that the petitioners have one
criminal antecedent of the same nature to which learned counsel
for the petitioners responds that the petitioners have already
been granted bail in the said cases.
6. Taking into consideration the facts and
circumstances and also the fact that no recovery has been made
from the conscious possession of the petitioners, let the above
named petitioners, be released on bail, in the event of their
arrest or surrender before the learned Court below within a
period of four weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Naya Ramnagar P.S. Case No.26 of 2026, subject to the
condition as laid down under Section 438 (2) of the Cr.P.C. and
Patna High Court CR. MISC. No.25904 of 2026(2) dt.24-04-2026
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subject to the further condition that:-
(i) The petitioners shall cooperate in the
investigation/trial.
(ii) The court below shall verify the criminal
antecedent of the petitioners and in case it is found that the
petitioners have concealed their criminal antecedents, the court
below shall take step for cancellation of bail bonds of the
petitioners. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Soni Shrivastava, J)
Trivedi/-
U T
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