Patna High Court
Amit Kumar Yadav @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application.
Summary
The petitioner, Amit Kumar Yadav, applied for anticipatory bail fearing arrest in an excise case (Saharsa Excise P.S. Case No. 93 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 430 litres of foreign liquor were allegedly recovered from his cowshed. He claimed innocence, asserting that the seized liquor did not belong to him and that he has only one prior criminal antecedent unrelated to the Excise Act. The State opposed the bail, arguing the seriousness of the offence. The High Court, applying Section 438(2) of the Code of Criminal Procedure and Section 482 of the BNSS, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to several conditions including a deposit of Rs.25,000, verification of antecedents, and regular police attendance. The order also stipulated cancellation of bail upon default, thereby granting the petitioner relief pending trial.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedent and alleged ownership of the seized liquor preclude bail.
- Whether conditions under Section 438 CrPC and Section 482 BNSS are appropriate in this context.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedent
- bail conditions
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38236 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- Excise P.S. District- Saharsa
======================================================
Amit Kumar Yadav @ Amit Kumar S/o Udanand yadav @ Sadanand Yadav
@ Sudo Yadav Resident of Village - Padrahi Ward no. -01,P.S.- Simri
Bakhtiyarpur, District- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Saharsa Excise P.S. Case No. 93 of 2025
registered for the offence under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
about 430 litres of foreign liquor from a cowshed which belongs
to the petitioner.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the liquor
seized from his cowshed does not belong to him. Petitioner has
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one criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge Excise-I, Saharsa/ concerned Court below in
connection with Saharsa Excise P.S. Case No. 93 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea and produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
of the receipt produced by the petitioner.
9. At the time of acceptance of the bail bonds, the
court below shall verify the petitioner's statement that he has
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only one criminal antecedent and that the said antecedent does
not relate to an offence under the Excise Act. The bail bonds of
the petitioner shall be accepted only upon verification that he
has no criminal antecedent other than the aforesaid case.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Simri Bakhtiyarpur Police Station, District- Saharsa on every
Sunday of the month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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