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Patna High Court

Shrawan Kumar @ Shrawan Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner subject to bond, sureties and verification of antecedent.

Summary

The petitioner, Shrawan Kumar Yadav, was implicated in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act for the alleged recovery of 36 litres of liquor from a location adjacent to his house. He claimed he had no possession of the liquor, a clean antecedent, and that the complaint was based on information from a hostile neighbour. The State opposed his request for anticipatory bail. 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 his antecedent before confirming the bail. If any prior case is found, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The petitioner was also directed to deposit Rs.1500 with the Lawyers’ Association.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances.
  • Whether the allegations under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act justify arrest.
  • Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • narcotic offences
  • excise law
  • clean antecedent
  • provisional bail
  • Bihar Narcotic Substances Act
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3060 of 2026
                  Arising Out of PS. Case No.-144 Year-2025 Thana- GHOGHARDIHA District- Madhubani
                 ======================================================
                 Shrawan Kumar @ Shrawan Kumar Yadav S/O Uttam Lal Yadav R/O
                 Village- Baswari, P.S- Ghoghardiha, Distt.- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jaishankar Kumar Yadav, Advocate
                 For the Opposite Party/s :      Mr. Awadhesh Kumar Singh, APP
                 ======================================================
                 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 offences punishable under Sections 274 and

                   275 of the BNS read with Section 30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 36 liters of liquor from a place behind the house of

                   the petitioner.

                                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 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 at
Patna High Court CR. MISC. No.3060 of 2026(2) dt.28-01-2026
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          the instance of Chowkidar with whom he is on an 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.

          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

          Ghoghardiha P.S. Case No. 144 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 even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.3060 of 2026(2) dt.28-01-2026
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                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      1500/- with Lawyers’ Association, Patna High Court.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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