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Patna High Court

Satyendra Kumar @ Satyendra YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Satyendra Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 160 litres of liquor from a location not owned by him. He has eight prior criminal cases, seven of which are also under the Excise Act. The petitioner argued that he was not apprehended at the spot, no liquor was found in his possession, and the police mechanically implicated him without proper investigation. The State opposed the bail, citing the seriousness of the offence and the petitioner’s antecedents. The High Court, invoking its inherent powers under Section 482(2) of the CrPC, granted provisional anticipatory bail conditioned on a bail bond of Rs. 40,000 with two sureties and a verification of the petitioner’s criminal antecedent within six weeks; if more than eight cases are found, the bail will not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC given his criminal antecedent.
  • Whether the alleged recovery of liquor from a place not belonging to the petitioner justifies denial of bail.
  • Whether the police investigation was proper and sufficient to support the charge under Section 30(a) of the Bihar Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • high court order
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5056 of 2026
                        Arising Out of PS. Case No.-623 Year-2025 Thana- RAHUI District- Nalanda
                 ======================================================
                 Satyendra Kumar @ Satyendra Yadav S/o- Ramdev Yadav R/v- Malbigha Ps-
                 Noorsarai Dist- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Satya Prakash, Advocate
                 For the Opposite Party/s :        Mr. Akshay Lal Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  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 eight cases out of which seven cases

                   are under the excise act and allegation is of recovery of 160

                   liters of liquor from Pithna Bigha.

                                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

                   and is accessible to villagers at large and he came to be
Patna High Court CR. MISC. No.5056 of 2026(2) dt.02-02-2026
                                            2/3




          implicated at the instance of Chowkidar, but then it is 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. It is further

          submitted that petitioner in similar manner also came to be

          implicated earlier.

                       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.

          40,000/- (Rupees Forty 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 Rahui

          P.S. Case No. 623 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

          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.5056 of 2026(2) dt.02-02-2026
                                                        3/3




                      than eight 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 eight

                      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.

                      7500/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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