Patna High Court
Satish Yadav @ Bhushan Kumar Yadav @ SatishversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to conditions, with confirmation contingent on verification of the petitioner’s antecedents.
Summary
Satish Yadav sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 1486.56 litres of liquor and a motorcycle were seized. He argued that he has a clean antecedent, was not in possession of the seized items, does not own the vehicle, and that the recovery was made from a location not belonging to him based on secret information. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties, verification of the petitioner’s criminal antecedents, and a deposit of Rs.1500 with the Advocates’ Association. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed immediately.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the alleged seizure.
- Whether the petitioner’s clean antecedent and lack of possession justify the grant of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4772 of 2026
Arising Out of PS. Case No.-408 Year-2025 Thana- RIVILGANJ District- Saran
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Satish Yadav @ Bhushan Kumar Yadav @ Satish S/o Late Shatrudhan Yadav
R/o vill - Nayaka Tola, P.S.- Bairiya, Distt.- Ballia, U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1486.56 litres of liquor from the place of occurrence
and a motorcycle was seized. It is next submitted that petitioner
was not arrested from the spot as such nothing was recovered
from his conscious possession and is not the owner of the seized
vehicle and even alleged recovery is from a place which does
not belong to the petitioner and he came to be implicated based
on secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.4772 of 2026(2) dt.31-01-2026
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someone without holding a proper investigation, when petitioner
admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.500/- (Rupees five hundred) 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 Rivilganj
P.S. Case No.408/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.4772 of 2026(2) dt.31-01-2026
3/3
shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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