Patna High Court
Radha Yadav @ Arbind KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to bail bond and surety conditions, pending verification of their antecedents under Section 482(2) of the BNSS.
Summary
The petitioners, Radha Yadav and Umesh Yadav, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 880 litres of liquor. They argued that no liquor was seized from their possession, the recovery site was public, and the informant’s identity was omitted from the FIR, indicating procedural lapses. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioners' criminal antecedents. The court stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of seizure from the accused's possession and procedural deficiencies justify granting bail.
- Whether the court may impose conditions pending verification of the petitioners' criminal antecedents.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- bail conditions
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7070 of 2026
Arising Out of PS. Case No.-861 Year-2025 Thana- MANER District- Patna
======================================================
1. Radha Yadav @ Arbind Kumar S/O Damodar Rai R/o- Village Chakiya Tola
Khaspur P.s- Maner Dist- Patna
2. Umesh Yadav @ Umesh Ray S/O Jay Ram ray R/o- Village- Sherpur purvi,
Chamar Toli, P.s- Maner Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the excise act and
allegation is of recovery of 880 liters of liquor from different
places near SP Shinghla Plant.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.7070 of 2026(2) dt.19-02-2026
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recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of local person, but then the name
of the person who disclosed the name of the petitioners is not
disclosed in the 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 starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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
Maner P.S. Case No. 861 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.7070 of 2026(2) dt.19-02-2026
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7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that any of the petitioners have
antecedent of more than one case then it would be presumed
that petitioners, for the purposes of seeking anticipatory bail,
had concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners have antecedent of
one case only, in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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