Patna High Court
Bullet YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner’s prior criminal antecedent and the Full Bench precedent did not justify its grant.
Summary
Bullet Yadav applied for anticipatory bail after a FIR was lodged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for possession of 30 litres of country‑made liquor. The petitioner has a prior criminal antecedent for a similar offence. The court examined the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 PLJR 1089) which deals with anticipatory bail in similar circumstances. Relying on that precedent and the petitioner’s repeat offence, the court found no sufficient ground to grant bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to a person charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act having a prior similar conviction.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- prohibition law
- excise
- criminal antecedent
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3269 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Bullet Yadav S/o Uma Yadav R/o Village- Ramgarhwa Bazar, P.S-
Ramgarhwa, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 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 offence punishable under Sections 30(a), 41(1) of
the Bihar Prohibition and Excise Act.
3. As per F.I.R., 30 liters of country-made liquor was
recovered from the shop of this petitioner. Petitioner has got one
criminal antecedent of similar nature.
4. Considering the Full Bench decision of this Court
rendered in the case of Ram Vinay Yadav vs. The State of Bihar
reported in 2019(2) P.L.J.R. 1089 (F.Β.) and criminal
antecedent of similar nature, the prayer for anticipatory bail of
Patna High Court CR. MISC. No.3269 of 2026(2) dt.11-02-2026
2/2
petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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