Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 47(A), 47(f)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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