Jhuna Yadav @ Jhunna Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2679 of 2026
                     Arising Out of PS. Case No.-195 Year-2025 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Jhuna Yadav @ Jhunna Kumar Yadav Son of Ghosh Yadav R/o Village -
                 Bhagaha, P.S - Nautan, Disrtict - West Champaran, at present of Bailwan
                 Raimal, P.S. - Bishambharpur, Dist. - Gopalganj.
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binay Kant Mani Tripathi, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 414.72 litres of liquor from five cycles from a place

                   near the bank of Soti River.

                                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 place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that
Patna High Court CR. MISC. No.2679 of 2026(2) dt.28-01-2026
                                            2/3




          petitioner came to be implicated based on the secret information

          which is the easiest way to implicate someone without holding a

          proper investigation of the case. It is next submitted that of late

          the police mechanically are implicating accused persons in

          excise cases those who have antecedent.

                       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, let 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 Yadopur

          P.S. Case No. 195 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.2679 of 2026(2) dt.28-01-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

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

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Lawyers’ Association

                     of the Patna High Court.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T