Patna High Court
SUBHASH YADAV @ Subhash Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Subhash Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, involving alleged recovery of 159.75 litres of liquor from seven vehicles. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the seized vehicles, contending that the investigation was based on secret information. The State opposed the bail application. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedent. It stipulated that if the petitioner is found to have more than one prior case, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged lack of possession and ownership of the seized vehicles justifies anticipatory bail.
- Whether the petitioner’s criminal antecedent affects the confirmation of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- excise law
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43370 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- Mufassil District- Khagaria
======================================================
SUBHASH YADAV @ Subhash Kumar Yadav Son of Awtar Yadav @ Awtar
Yadav Resident of Village - Nanhkumandal Tola, P.S.- Muffasil, District -
Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Chandra, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 159.75 litres of liquor from seven
different vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the secret information which is
Patna High Court CR. MISC. No.43370 of 2026(2) dt.02-07-2026
2/3
the easiest way to implicate someone without holding a proper
investigation of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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.5,000/- (Rupees
Five 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 Khagaria (M) P.S.
Case No. 70 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
Patna High Court CR. MISC. No.43370 of 2026(2) dt.02-07-2026
3/3
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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