Patna High Court
Rajkishor Yadav @ Rajkishor YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner with specified conditions, subject to verification of his criminal antecedents.
Summary
The petitioner, Rajkishor Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 30 litres of liquor were recovered from a location not belonging to him and that he was implicated by a hostile chowkidar. He contended that the police had mechanically implicated him without proper investigation and that no liquor was found in his conscious possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the CrPC, including verification of the petitioner’s criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Advocates’ Association, Patna High Court.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of alleged recovery and the petitioner’s relationship with the informant justify denial of bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- police investigation
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5840 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- BANDEYA District- Aurangabad
======================================================
Rajkishor Yadav @ Rajkishor Yadav Son of Late Kameshwar Singh @
Kameshwar Yadav Resident of village - Moglahi, P.S.- Bandeya, District -
Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Anand
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara
======================================================
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 offence punishable under Section 30(a) of
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 30 litres of liquor concealed under
straw. It is next submitted that petitioner was not arrested 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 he came to be implicated at
the instance of chowkidar with whom he is on an inimical term.
Patna High Court CR. MISC. No.5840 of 2026(2) dt.03-02-2026
2/3
It is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
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.5000/- (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 Bandeya
P.S. Case No.1/2026, 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 more than
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
Patna High Court CR. MISC. No.5840 of 2026(2) dt.03-02-2026
3/3
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order 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.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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