Patna High Court
Shrawan Kumar @ Shrawan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Code of Criminal Procedure, 1973 — s. 438
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
2/3
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
3/3
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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