Patna High Court
Suraj Bhan Yadav @ Suraj Bhan @ BhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties and verification of antecedents under Section 482(2) of the CrPC.
Summary
The petitioner, Suraj Bhan Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 8.25 litres of liquor were recovered from a house not belonging to him and that he had no possession of the liquor. He argued that the police implicated him solely because of his three prior criminal cases and that no proper investigation was conducted. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.15,000 with two sureties and subject to verification of his antecedents under Section 482(2) of the CrPC. The order stipulated that if the trial court finds more than three prior cases, the bail would not be confirmed; if exactly three, it would be confirmed. The decision rests on the need to balance the petitioner’s right to liberty with the seriousness of the alleged offence and his criminal history.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedents affect his eligibility for anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for confirming or cancelling the bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- criminal antecedent
- Section 30
- Section 482
- bail conditions
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39544 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- RAJAOLI District- Nawada
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Suraj Bhan Yadav @ Suraj Bhan @ Bhan S/o Pradip Yadav @ Pradip Prashad
Yadav Resident of Village - Takuatar, PS - Rajauli, Distt - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suruchi Anand
For the Opposite Party/s : Ms. Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and allegation is of
recovery of 8.25 litres of liquor from house of Pintu. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and even
alleged recovery is from a place which does not belong to the
petitioner and he has no concern or relation with Pintu and he
came to be implicated at the instance of raiding team who
claimed to have identified the petitioner who fled. It is next
Patna High Court CR. MISC. No.39544 of 2026(2) dt.22-06-2026
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submitted that of late police has started implicating accused
having criminal antecedent in cases relating to excise for
obvious reason without holding proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand)
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 Rajauli P.S. Case No.110/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
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be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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