Patna High Court
Balindra YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Balindra Yadav, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(b) of the Bihar Excise Act for alleged recovery of 9.6 litres of liquor from a spot adjacent to his house. He argued that the liquor was not in his possession, the recovery site did not belong to him, and the complaint was motivated by an inimical relationship with a chowkidar. The State opposed the bail, citing his prior criminal antecedent of five cases, four of which are excise matters. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs. 25,000 bond with two sureties and directed the trial court to verify his antecedent within six weeks. It further stipulated that if more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Sections 30(a) and 30(b) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
- Whether the alleged recovery of liquor from premises not owned by the petitioner justifies arrest.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- criminal antecedent
- Section 30
- Bihar Excise Act
- Section 482
- high court order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30769 of 2026
Arising Out of PS. Case No.-160 Year-2022 Thana- UCHKAGAON District- Gopalganj
======================================================
Balindra Yadav S/O Late Kishori Chaudhary R/O Vill.- Sishawania, P.S-
Uchakagaon, District- Gogalpanj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Raj
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 30(a) and
30(b) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 9.6
litres of liquor from a place in front of the door of the petitioner.
4. Learned counsel for the petitioner submits that the
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
but then is adjacent to his house and he came to be implicated
Patna High Court CR. MISC. No.30769 of 2026(2) dt.06-05-2026
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at the instance of Chowkidar with whom he is on an inimical
term. It is next submitted that if Chowkidar was aware about
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. It is
further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation. It is also submitted that petitioner earlier also in
similar manner came to be implicated in cases relating to
Excise.
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. 25,000/- (Rupees
Twenty-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 Uchakgaon P.S. Case
No. 160 of 2022, subject to the conditions as laid down under
Patna High Court CR. MISC. No.30769 of 2026(2) dt.06-05-2026
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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 five
cases 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
antecedent of five cases, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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