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Patna High Court

Balmiki yadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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