Patna High Court

Brajesh Yadav @ Barjesh YadavversusThe State of Bihar

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

Holding

The Court provisionally granted anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

Petitioner Brajesh Yadav applied for anticipatory bail fearing arrest in an FIR under Section 30(a) of the Bihar Excise Act for alleged recovery of 115.72 litres of liquor from five motorcycles. He contended that he was not in possession of the liquor, was not the owner of the seized vehicles, and was implicated solely on the testimony of a watchman (chowkidar) who had not informed police earlier. The State opposed the bail application. The Court granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties of equal amount, subject to verification of his criminal antecedent by the trial court. The order stipulates that if the trial court finds more than one prior case, the bail will be cancelled; otherwise, the provisional bail will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act
Whether the conditions imposed under Section 482(2) of the Bihar Non‑Compulsory (BNSS) are applicable

Subjects

anticipatory bail
excise law
Section 30(a)
Section 482(2)
bail conditions
seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28625 of 2026
                   Arising Out of PS. Case No.-471 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Brajesh Yadav @ Barjesh Yadav S/O Harikishun Yadav Village- Rampu
                 Bangra, PS- Tareya Sujan, District- Kushinagar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Indrajeet Bhushan, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar, APP
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 115.72 liters of liquor from five

                   different motorcycles.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized vehicles and he came to be

                   implicated at the instance of Chowkidar with whom he is on an
Patna High Court CR. MISC. No.28625 of 2026(2) dt.24-04-2026
                                            2/3




          inimical term. It is also submitted that if Chowkidar was aware

          of 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.

                       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.

          5000/- (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

          Kuchaikote P.S. Case No. 471 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

          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
            Patna High Court CR. MISC. No.28625 of 2026(2) dt.24-04-2026
                                                        3/3




                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…