Patna High Court
Anand YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond and verification of antecedents, with the order to be confirmed or revoked based on that verification.
Summary
Petitioners Anand Yadav and Satish Yadav sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 675 litres of liquor from a field belonging to another person. They argued that no liquor was found in their possession, the alleged recovery site was not theirs, and that the police were mechanically implicating them despite their prior criminal records. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.40,000 with two sureties and conditioned on verification of the petitioners' criminal antecedents. If the antecedents exceed the stipulated numbers, the bail would be revoked; otherwise, it would be confirmed. The order was made under the inherent powers of the court pursuant to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in the pending excise case.
- Whether the petitioners' prior criminal antecedents justify denial of anticipatory bail.
- Whether the lack of possession of the alleged liquor and the location of recovery affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- criminal antecedent
- excise offence
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482
- high court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39485 of 2026
Arising Out of PS. Case No.-149 Year-2025 Thana- NADI District- Supaul
======================================================
1. Anand Yadav S/o Bhupendra Yadav Resident of Village- Rasuaar Kyotapatti,
P.S. - Nadi, District - Supaul
2. Satish Yadav @ Satish Kumar @ Diesel S/o Surya Narayan Yadav R/o
Village - Rasuaar Kyotappati, P.S - Nadi, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of 8 cases, out of which, two
cases are under the Excise Act and petitioner no.2 has
antecedent of 3 cases, out of which, one case is under the Excise
Act and allegation is of recovery of 675 litres of liquor
concealed under straw kept in field of Hari Narayan Yadav on
bank of Koshi river. It is next submitted that petitioners were not
Patna High Court CR. MISC. No.39485 of 2026(2) dt.22-06-2026
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arrested from the spot as such nothing was recovered from their
conscious possession and even alleged recovery is from a place
which does not belong to the petitioners and they have no
concern or relation with Hari Narayan Yadav and they came to
be implicated at the instance of local person but then it is
submitted that if local people was aware of the involvement of
the petitioners in the occurrence then why they did not inform
the police prior to institution of the instant FIR which casts an
aspersion on the case of the prosecution. It is also submitted that
of late police has started implicating accused with criminal
antecedent in cases relating to excise for obvious reason in a
mechanical manner without holding proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.40,000/- (Rupees forty thousand)
each 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 S.T. No.1240/2026, arising out of Nadi
Patna High Court CR. MISC. No.39485 of 2026(2) dt.22-06-2026
3/3
P.S. Case No.149/2026, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of more than eight cases and petitioner no.2 has antecedent of
more than three cases, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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