Patna High Court
Rocky Yadav @ Rauki Yadav @ Rauki KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail should be granted, subject to verification of the petitioner’s antecedents, as the allegations did not demonstrate sufficient grounds for arrest.
Summary
The petitioner, Rocky Yadav, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for alleged recovery of 67.5 litres of liquor from a location adjacent to his house. He argued that he has a clean antecedent, the liquor was not found in his possession, and the investigation was inadequate. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and directed the trial court to verify the petitioner's criminal antecedents. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482(2) of the B.N.S.S. in a case involving alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Whether the petitioner’s clean antecedent and lack of direct possession of the alleged liquor justify provisional anticipatory bail?
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- clean antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28794 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Rocky Yadav @ Rauki Yadav @ Rauki Kumar Son of Radhey Yadav @ Domi
Yadav Resident of village - Belha Purnvas P.S.- Phulparas, District -
Madhubani at present R/o village - Sundar Virajit, P.S.- Madhepur, District -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 67.5 litres of liquor from a place in front of the
house of petitioner. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner but then is adjacent to
his house and he came to be implicated based on secret
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information which is the easiest way to implicate someone
without holding a proper investigation, when petitioner
admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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 Phulparas P.S. Case No.18/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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