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Patna High Court

Surendra YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to bail bonds, sureties and verification of his antecedent, with confirmation contingent on a clean criminal record.

Summary

The petitioner, Surendra Yadav, sought anticipatory bail fearing arrest in a case under Sections 47(A) and (f) of the Bihar Prohibition and Excise Act for alleged recovery of liquor and Jawa Mahua. He argued that he has a clean antecedent, was not arrested on the spot, and the alleged contraband was not in his possession nor on his property. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bail bond, two sureties of equal amount, and subject to verification of the petitioner’s criminal antecedent. If the verification reveals any prior case, the bail will not be confirmed; if the antecedent is clean, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail is appropriate in a case under Sections 47(A) and (f) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession justify granting anticipatory bail.
  • Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. can be imposed.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 438 Cr.P.C.
  • Section 482 B.N.S.S.
  • liquor seizure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37575 of 2026
                    Arising Out of PS. Case No.-3 Year-2012 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Surendra Yadav S/o Manohar Yadav Resident of Village- Bishunpur, P.S.-
                 Warisaliganj, District- Nawada
                                                                        ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :    Mr. Renuka Ratnakar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  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 Sections 47(A) and

                   (f) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 litres of liquor along with 1500 litres of Jawa

                   Mahua from a place near Panchayat Bhawan.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.37575 of 2026(2) dt.17-06-2026
                                            2/3




          implicated based on the secret information which is the easiest

          way     to    implicate      someone       without   holding a   proper

          investigation of the case, when petitioner admittedly is a person

          with clean antecedent.

                       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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his 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) 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 G.O. Case No. 03

          of 2012, subject to the conditions as laid down under Section

          438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.37575 of 2026(2) dt.17-06-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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