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Patna High Court

Amin Yadav @ Amin KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

Amin Yadav sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 235.5 litres of liquor from a motorcycle and a house belonging to his brother Azad Yadav. He argued that he was not caught in possession, was not the owner of the seized vehicle, and that the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.25,000 with two sureties and that the trial court verify his criminal antecedent. If the verification shows more than five prior cases, the bail will not be confirmed; if only five cases are found, the bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • criminal antecedent
  • Section 30
  • Section 482
  • provisional bail
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46345 of 2026
                       Arising Out of PS. Case No.-107 Year-2026 Thana- MANSI District- Khagaria
                 ======================================================
                 Amin Yadav @ Amin Kumar S/O Late Gulo Yadav R/O Vill.- Khutiya, Ward
                 no. 9, P.S.- Mansi, Dist.- Khagaria.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Seema Kumari, Advocate
                 For the Opposite Party/s :       Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-07-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 235.5

                   liters of liquor from a motorcycle and house of Azad 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 is not the

                   owner of the seized vehicle and came to be implicated being

                   brother of Azad Yadav at the instance of local person, but then
Patna High Court CR. MISC. No.46345 of 2026(2) dt.14-07-2026
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          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. 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.

          25000/- (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 Mansi P.S. Case No. 107 of 2026 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more
            Patna High Court CR. MISC. No.46345 of 2026(2) dt.14-07-2026
                                                        3/3




                      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.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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