Patna High Court
Balmiki yadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to petitioner No.1 subject to conditions and verification of antecedent, and refused anticipatory bail to petitioner No.2.
Summary
The petitioners, Balmiki Yadav and Ankit Yadav, were implicated in a case involving alleged recovery of two litres of liquor from land belonging to a third party, with charges under multiple sections of the Bihar Narcotic Substances Act, 2023 and the Bihar Excise Act. They applied for anticipatory bail, claiming clean antecedents and that the alleged recovery was not from their possession. The State opposed the bail, citing specific allegations in the FIR that petitioner No.2 was arrested and escaped with local assistance. The Court granted provisional anticipatory bail to petitioner No.1, subject to a Rs.500 bail bond, two sureties, and verification of his criminal antecedent, with the order to be confirmed if he is found to have a clean record. The Court declined to extend anticipatory bail to petitioner No.2. The order is conditional and remains provisional pending verification.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 under the circumstances.
- Whether anticipatory bail should be granted to petitioner No.2 despite allegations of arrest and escape.
- Whether the FIR allegations constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 109(1), 121(2), 126(2), 127(2), 132, 190, 191(3), 263(a), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- bail
- criminal procedure
- Bihar Excise Act
- Bihar Narcotic Substances Act
- provisional bail
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38433 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- KASIMBAZAR District- Munger
======================================================
1. Balmiki yadav Son of Late M.P. Yadav Resident of Village - Chuabagh, P.S.-
Kashimbazar, District- Munger.
2. Ankit Yadav Son of Nawal Yadav @ Nawal Kishor yadav Resident of
Village - Chuabagh, P.S.- Kashimbazar, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hafiz Shahbaz Arif, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
127(2), 109(1), 132, 121(2), 263(a), 191(3), 190, 352, 351(2)
and 3(5) of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 2 liters of liquor from vacant land of Chatir Sharma.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.38433 of 2026(2) dt.18-06-2026
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was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners. It is further submitted that informant alleges that
petitioner no. 2 was apprehended, but then a crowd gathered and
they acted inappropriately with the police and even assaulted on
account of which petitioner no. 2 escaped from police custody.
It is submitted that petitioners have been falsely implicated in
the instant case with general and omnibus allegation and
petitioner no. 2 was never arrested.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners and submits that there is a
specific allegation in the FIR that petitioner no. 2 was arrested
and he escaped on intervention of local person including the
petitioner no. 1 and others, but then fairly submits that
allegation is general and omnibus against the other accused
persons.
6. After hearing the learned counsel for the parties,
the petitioner no. 1 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. 500/- (Rupees Five Hundred)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.38433 of 2026(2) dt.18-06-2026
3/3
the learned Trial Court where the case is pending/successor
court in connection with Kasim Bazar P.S. Case No. 80 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 no. 1 and in
the event if it is found that petitioner no. 1 has antecedent of even
one case then it would be presumed that petitioner no. 1, 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 no. 1 is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. However, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner no. 2.
(Satyavrat Verma, J)
Rishabh/-
U T
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