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Patna High Court

Sikendra Yadav @ SiKandar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedent.

Summary

The petitioners, Sikendra Yadav and his son Pankaj Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 210 litres of liquor from the bank of the Tilawe River. They argued they have no prior criminal record, the liquor was not found in their possession, and the alleged recovery occurred in a public area not owned by them, with the complaint filed by a hostile chawkidar. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds and sureties, and subject to verification of their antecedents by the trial court, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the Bihar Negotiable Securities Act. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the alleged recovery of liquor from a public river bank and lack of possession justify denial of bail.
  • Whether the petitioners have a clean criminal antecedent affecting the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • liquor seizure
  • Criminal Procedure Code
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26734 of 2026
                         Arising Out of PS. Case No.-396 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
           1.     Sikendra Yadav @ SiKandar Yadav Son of Late Saryug Yadav Resident of
                  Village- Sakhua, PS - Pipra, Dist- Supual
           2.     Pankaj Yadav @ Pankaj Kumar Son of Sikendra Yadav @ Sikandar Yadav
                  Resident of Village- Sakhua, PS - Pipra, Dist- Supual
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Shyam Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 210 litres of liquor from the bank of Tilawe River.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the alleged

                   recovery is from a place which does not belong to the

                   petitioners but then is accessible to villagers at large and they
Patna High Court CR. MISC. No.26734 of 2026(2) dt.23-04-2026
                                            2/3




          came to be implicated at the instance of the Chawkidar with

          whom they are on an inimical term. It is next submitted that if

          the Chawkidar was aware of the involvement of the petitioners

          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 petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their 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) each 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

          S.T. Excise No. 1204 of 2025 arising out of Pipra P.S. Case No.

          396 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 petitioners

          and if it is found that petitioners have antecedent of even one
           Patna High Court CR. MISC. No.26734 of 2026(2) dt.23-04-2026
                                                       3/3




                     case, it would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioners are persons with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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