Patna High Court
Rajan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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