Patna High Court

Basudev Yadav @ PahalwanversusThe State of Bihar

Decided: 24 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedents.

Summary

Basudev Yadav sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 1,130.4 litres of liquor from a hut near his residence. He argued he had no conscious possession of the liquor, the hut did not belong to him, and the complaint was motivated by an inimical chaukidar. The State opposed the bail. The Court, noting the petitioner’s clean antecedent and lack of direct possession, granted provisional anticipatory bail on a cash bond and two sureties, subject to verification of his criminal record by the trial court. If any antecedent is found, the bail will not be confirmed; if none, it will be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the case registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 30
Bihar Prohibition and Excise Act
clean antecedent
bail conditions
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26518 of 2026
                     Arising Out of PS. Case No.-282 Year-2025 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Basudev Yadav @ Pahalwan Son of Keshvar Yadav @ Keshrar Yadav
                 Resident of Village- Sotiya, Brahmpur, P.S.- Kamtaul, District- Darbhanga
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Girish Chandra Jha, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1130.4 litres of liquor from a hut near the house of

                   the petitioner.

                                4. Learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and even the alleged

                   recovery is from a hut which does not belong to the petitioner

                   but he came to be implicated at the instance of the Chawkidar

                   with whom he is on an inimical term. It is further submitted that
Patna High Court CR. MISC. No.26518 of 2026(2) dt.24-04-2026
                                            2/3




          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 appearing on behalf of the petitioner, let 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.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 Kamtaul P.S. Case

          No. 282 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, 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
           Patna High Court CR. MISC. No.26518 of 2026(2) dt.24-04-2026
                                                       3/3




                     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.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T

Continue reading with your account

Checking your session…