Patna High Court
Pintu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, three Yadavs from Gaya district, sought anticipatory bail after an FIR was lodged alleging they were involved in the illegal possession of 30 litres of country-made liquor, contravening Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They contended that the liquor was recovered near the Falgu river, not from their conscious possession, and that they were falsely implicated based on a hostile chowkidar’s statement. The State highlighted that all three petitioners have prior criminal antecedents under the Excise Act and are currently on bail, urging denial of anticipatory bail. The High Court, after hearing both sides, declined to grant anticipatory bail, noting the antecedents and the circumstances. However, the Court directed that if the petitioners surrender to the trial court within four weeks, the trial court may consider a surrender‑cum‑bail application on its merits.
Issues considered
- Whether anticipatory bail should be granted to the accused under the Bihar Prohibition and Excise (Amendment) Act, 2022 in view of the alleged recovery of illicit liquor and their prior criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(c), 30(d)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- criminal antecedents
- Bihar Prohibition and Excise Act
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42076 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- BELAGANJ District- Gaya
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1. Pintu Yadav S/o Shiv Nandan Yadav Resident of village - Dalli Bigha, P.S -
Belaganj, District - Gaya
2. Sita Ram Yadav S/o Siya Charan Yadav Resident of village - Dalli Bigha,
P.S - Belaganj, District - Gaya
3. Ashok Yadav S/o Rajesh Yadav Resident of village - Dariyapur, P.S -
Belaganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Rabia Gulnaz, Adv.
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners are apprehending arrest in
connection with Belaganj P.S. Case No. 114 of 2026 lodged on
25.02.2026, for the offence punishable under Sections 30(a),
30(c) & 30(d) of the Bihar Prohibition and Excise (Amendment)
Act, 2022, pending in the Court of Exclusive Special Excise
Court No.2, Gayaji.
3. As per the prosecution, FIR has been lodged against
three named accused persons (the present petitioners). Total
recovery of 30 litres of country made liquor has been made,
Patna High Court CR. MISC. No.42076 of 2026(2) dt.01-07-2026
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which is the subject matter of the present case.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that nothing has been recovered from the
conscious possession of the petitioners and the alleged recovery
has been made near the Falgu river. He submits that the
petitioners have been falsely implicated in this case on the basis
of disclosure made by the area chowkidar who has inimical
terms with the petitioners. He further submits that the petitioner
nos. 1 & 3 have one criminal antecedent each in which they are
on bail and the petitioner no. 2 has three criminal antecedents
and in all the cases, he is also on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that all the three petitioners
have criminal antecedents which is registered under Excise Act
and this aspect must be taken into consideration.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioners. Accordingly,
the prayer for anticipatory bail of the petitioners stand rejected.
7. However, if petitioners surrender before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on
Patna High Court CR. MISC. No.42076 of 2026(2) dt.01-07-2026
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their surrender-cum-bail application on the same day, without
being prejudice that the anticipatory bail of the petitioners has
been rejected by this Court and the Trial Court shall pass order
on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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