Patna High Court
Shailesh Yadav @ Shailesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
Shailesh Yadav applied for anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 alleging that 282.06 litres of liquor were recovered from his cattle house. The petitioner contended that the liquor was not in his conscious possession, that the cattle house is a communal area accessible to villagers, and that villagers may have concealed the liquor without his knowledge. He also pointed out that the FIR does not disclose who informed the police, casting doubt on the prosecution's case. The State opposed the bail, arguing that the offence is non‑bailable. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order further stipulated that if more than one antecedent case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent case exists.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged recovery of liquor from the petitioner’s cattle house establishes sufficient grounds for denial of bail.
- Whether the petitioner’s prior criminal antecedent, if any, should affect the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
- criminal antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.450 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- MANJHAGARH District- Gopalganj
======================================================
Shailesh Yadav @ Shailesh Kumar Yadav son of Banka Yadav Resident of
Village - Mujawna PS- Manjhagarh, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 282.06 litres of liquor from the cattle
house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and cattle house is a
place outside the house and thus is accessible to villagers at
large. It is further submitted that no prudent person would use
his own cattle house for committing an occurrence and thus
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would create evidence against himself and hence would get
implicated. It is next submitted that it appears that some
villagers slyly concealed the liquor in the cattle house of the
petitioner without the knowledge of the petitioner and his family
members. It is submitted that petitioner came to be implicated at
the instance of the local person but then the name of the person
who disclosed the name of the petitioner is not disclosed in the
FIR which casts an aspersion on the case of the prosecution.
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 for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
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
Manjhagarh P.S. Case No. 423 of 2025, subject to the conditions
as laid down under Section 438 (2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
Patna High Court CR. MISC. No.450 of 2026(2) dt.15-01-2026
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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
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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