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Patna High Court

Rajan YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Rajan Yadav, sought anticipatory bail in a case registered under Section 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was not arrested at the scene, had no conscious possession of the seized liquor, and was implicated by a chawkidar. The State opposed the bail, arguing the seriousness of the excise offences. The Court examined the petitioner's claim of lack of possession and the procedural propriety of granting bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. It granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties, a six‑week window for surrender or arrest, and verification of the petitioner's criminal antecedent. The order further required the petitioner to deposit Rs.2,500 with the Patna High Court Advocate Association and stipulated that the bail would be confirmed only if the petitioner has no more than one prior case.

Issues considered

  • Whether anticipatory bail can be granted in an excise offence where the accused claims no arrest or possession.
  • Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) BNSS are appropriate.
  • Whether the existence of prior criminal antecedents should affect confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 317
  • Section 30
  • Criminal Procedure Code
  • Bihar Prohibition and Excise Act
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5580 of 2026
                     Arising Out of PS. Case No.-411 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Rajan Yadav S/o Shiv Jee Yadav Resident of Village - Gobrahi, P.S. -
                 Khampar, District - Deoria, Uttar Pradesh
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 317(5) of

                   the BNS and Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 513.600 litres of liquor from a

                   CRETA.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated at the instance of the Chawkidar with whom he is
Patna High Court CR. MISC. No.5580 of 2026(2) dt.03-02-2026
                                            2/3




          on an inimical term. It is next submitted that if the Chawkidar

          was aware of the involvement of the petitioner in the occurrence

          then why he did not inform the police prior to the institution of

          the instant 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 start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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 Mirganj

          P.S. Case No. 411 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.5580 of 2026(2) dt.03-02-2026
                                                       3/3




                     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.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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