Patna High Court
Raj Kumar Yadav @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail to the petitioners, subject to bail bonds, sureties and verification of criminal antecedents.
Summary
The petitioners, Raj Kumar Yadav and Rahul Kumar, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 54 litres of liquor recovered from a mustard field. They argued they have clean antecedents, were not arrested at the scene, and the liquor was recovered from land not belonging to them, with the complaint filed by an inimical chowkidar. The State opposed their request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties each and conditions under Section 482(2) of the B.N.S.S., including verification of any criminal antecedent. The order stipulated that if any antecedent is found, the bail may be cancelled, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the circumstances of non‑arrest, lack of possession, and alleged hostile informant justify granting bail.
- Whether the court may impose conditions under Section 482(2) of the B.N.S.S. in granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32380 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- HALAI District- Samastipur
======================================================
1. Raj Kumar Yadav @ Raj Kumar S/o Bhola Yadav Resident of village-
Indrawara, Police Station- Halai, District- Samastipur
2. Rahul Kumar S/o Lutan Ray Resident of village- Indrawara, Police Station-
Halai, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh
For the Opposite Party/s : Mr. Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 54 litres of liquor from a mustard field. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
even alleged recovery is from a place which does not belong to
the petitioners and is accessible to villagers at large and they
Patna High Court CR. MISC. No.32380 of 2026(2) dt.13-05-2026
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came to be implicated at the instance of chowkidar with whom
they are 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.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Halai P.S. Case No.14/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
Patna High Court CR. MISC. No.32380 of 2026(2) dt.13-05-2026
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such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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