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Patna High Court

Amit Yadav @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                                        3/3




                      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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