Patna High Court
Shravan Kumar Yadav @ shravan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail bond conditions.
Summary
Shravan Kumar Yadav petitioned the Patna High Court for anticipatory bail after learning that he might be arrested in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023, read with Section 30(a) of the Bihar Excise Act, concerning the alleged recovery of 801.100 litres of liquor from a bamboo orchard belonging to Manshi Yadav and Chandeshwar Yadav. The petitioner argued that he was not caught in possession, the liquor was not on his premises, and that he was implicated by a hostile chowkidar, asserting that the police investigation was mechanically driven. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and ordered verification of the petitioner’s criminal antecedent; if more than five prior cases are found, the bail would not be confirmed, otherwise it would be confirmed. The petitioner was also directed to deposit Rs. 5,000 with the Advocates’ Association within two weeks.
Issues considered
- What is the appropriateness of granting anticipatory bail in an excise case where the accused claims no possession and alleges wrongful implication?
- Whether the petitioner’s prior criminal antecedent of five excise cases affects the grant of anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 482
- Bihar Narcotic Substances Act
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4632 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- ANDHRAMATH District- Madhubani
======================================================
Shravan Kumar Yadav @ shravan Yadav S/O Sumrit Yadav R/O Village-
Chhatapur, P.S.- Andhramath, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 offences punishable under Sections 274, 275
and 3(5) of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the excise act and
allegation is of recovery of 801.100 liters of liquor from a
bamboo orchard of Manshi Yadav and Chandeshwar Yadav.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.4632 of 2026(2) dt.31-01-2026
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and is accessible to villagers at large. It is further submitted that
petitioner has no concern or relation with Manshi and
Chandeshwar Yadav and he came to be implicated at the
instance of Chowkidar with whom he is on an inimical term. It
is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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, 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.
25,000/- (Rupees Twenty 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 Andhramath P.S. Case No. 108 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.4632 of 2026(2) dt.31-01-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than five cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of five
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
5000/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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