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Patna High Court

Raj Kumar Yadav @ Raj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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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