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Patna High Court

Yogendra ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of antecedent and conditions under Section 482(2).

Summary

The petitioners, Yogendra Thakur and his sons, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 889.2 litres of liquor. They argued they have clean antecedents, were not in possession of the seized liquor or vehicles, and that the complainant (a chowkidar) failed to inform police earlier. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs.500 each with two sureties and subject to verification of their criminal antecedent by the trial court. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the petitioners' clean antecedent warrants the grant of bail.
  • Whether conditions under Section 482(2) of the B.N.S.S. can be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • provisional bail
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.388 of 2026
                     Arising Out of PS. Case No.-164 Year-2025 Thana- Krishnabraham District- Buxar
                 ======================================================
           1.     Yogendra Thakur S/o Shiv Bachan Thakur R/o Village - Rehiya, P.S.-
                  Krishna Brahm, District - Buxar
           2.    Manish Kumar S/o Yogendra Thakur R/o Village - Rehiya, P.S.- Krishna
                 Brahm, District - Buxar
           3.    Vikash Kumar S/o Yogendra Thakur R/o Village - Rehiya, P.S.- Krishna
                 Brahm, District - Buxar

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 889.2 litres of liquor from a truck and a motorcycle.

                   It is next submitted that petitioners were not arrested from the

                   spot, as such, nothing was recovered from their conscious

                   possession and are not the owner of any of the seized vehicles
Patna High Court CR. MISC. No.388 of 2026(2) dt.15-01-2026
                                            2/3




          and they came to be implicated at the instance of Chowkidar but

          then it is submitted that if Chowkidar was aware of the

          involvement of the petitioners in the occurrence then whey he

          did not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution, when

          petitioners admittedly are persons with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) each with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Excise Court-2, Buxar in connection with

          Krishna Brahm P.S. Case No.164 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioners shall

          verify the criminal antecedent of the petitioners and in the event,
               Patna High Court CR. MISC. No.388 of 2026(2) dt.15-01-2026
                                                           3/3




                         if it is found that petitioners have antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioners are persons with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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