Patna High Court
Sanjay Kumar Yadav @ Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of antecedents, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Sanjay Kumar Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where liquor was allegedly recovered from a motorcycle and a scooty. He argued that he was not caught in possession, was not the owner of the vehicles, and was implicated solely on the basis of a local informant’s information without proper investigation. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two are found, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act.
- Whether the petitioner’s alleged lack of possession and ownership of the seized vehicles warrants bail.
- Whether the petitioner’s criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34803 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- BIRPUR District- Supaul
======================================================
Sanjay Kumar Yadav @ Sanjay Yadav S/o RamChandra Yadav @ Bihari
Yadav R/o vill - Puraini, ward no. 14, P.S.- Birpur, Distt.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 126 liters of liquor from a
motorcycle and 2.25 liters of liquor from a Scooty.
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 is not the
owner of any of the seized vehicles and came to be implicated at
the instance of local person, but then it is submitted that once an
Patna High Court CR. MISC. No.34803 of 2026(3) dt.25-06-2026
2/3
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.
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.
10000/- (Rupees Ten 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 Birpur
P.S. Case No. 13 of 2026 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 more
than two 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
Patna High Court CR. MISC. No.34803 of 2026(3) dt.25-06-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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