Patna High Court
Yogendra ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent, to be confirmed if he has no more than two prior cases.
Summary
The petitioner, Yogendra Thakur, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act involving alleged recovery of 889.2 litres of liquor from a truck and a motorcycle. He contended that he was not in possession of the seized vehicles, was not the owner, and was implicated solely on the basis of a chowkidar's information without proper investigation. The State opposed the bail. The Court, after hearing both sides, 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; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged lack of possession and ownership, and the manner of his implication, justify anticipatory bail.
- Whether the Court can condition anticipatory bail on verification of the petitioner’s criminal antecedent.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable/Criminal Procedure (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30
- Section 482
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36367 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- Krishnabraham District- Buxar
======================================================
Yogendra Thakur Son of Shiv Bachan Thakur Resident of Village- Rehiya,
P.S. -Krishna Brahm, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha
For the Opposite Party/s : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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 889.2 liters of liquor from a truck
and a motorcycle.
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 Chowkidar. It is also submitted that once an
Patna High Court CR. MISC. No.36367 of 2026(2) dt.29-06-2026
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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 Krishna
Brahm P.S. Case No. 164 of 2025 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 anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
Patna High Court CR. MISC. No.36367 of 2026(2) dt.29-06-2026
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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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