Patna High Court
Subodh Kumar @ Subodh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail subject to strict conditions and verification of his criminal antecedents.
Summary
The petitioner, Subodh Kumar, feared arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act alleging recovery of liquor, a motorcycle and jawa mahua. He contended that he was not caught in possession, was not the owner of the seized vehicle and was implicated only through a chowkidar’s statement, raising doubts about the prosecution’s investigation. The State opposed his prayer for anticipatory bail. The High Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order further directed that if the trial court finds more than one prior case against the petitioner, the bail would not be confirmed; if only one antecedent case is found, the bail would be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Advocates’ Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
- Whether the circumstances of alleged non‑possession and the manner of implication justify granting bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- Section 41
- Section 482
- criminal procedure
- bail conditions
- proximate cause of arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2604 of 2026
Arising Out of PS. Case No.-494 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Subodh Kumar @ Subodh Yadav S/o Ram Pravesh Yadav Resident of
Village- Bari Ballia Uttri, P.S.- Ballia, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 offences punishable under Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 60 litres of liquor from a place near
a government drain and a motorcycle along with 200 litres of
jawa mahua.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
Patna High Court CR. MISC. No.2604 of 2026(2) dt.28-01-2026
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of Chowkidar but then it is submitted that if the Chowkidar was
aware about 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 further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of 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 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. 5,000/- (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 Ballia P.S. Case No.
494 of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
Patna High Court CR. MISC. No.2604 of 2026(2) dt.28-01-2026
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event if it is found that petitioner has antecedent of more than one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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