Patna High Court
Sunil Kumar Yadav @ Sunil Kr. YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent, under its inherent powers under Section 482(2) of the BNSS.
Summary
The petitioner, Sunil Kumar Yadav, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 50 litres of liquor and 2000 litres of semi‑manufactured liquor near the Sijua river. He contended that the liquor was not in his conscious possession, the site was public, and the complaint originated from a chowkidar whose prior knowledge raised doubts about the prosecution’s case. The petitioner also disclosed antecedent involvement in two prior cases, arguing that this should not preclude bail. The State opposed the bail application. The High Court, applying its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged contraband was not in the petitioner’s possession.
- Whether the petitioner’s antecedent of two prior cases bars the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- high court
- provisional bail
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7088 of 2026
Arising Out of PS. Case No.-274 Year-2025 Thana- SHIKARGANJ District- East Champaran
======================================================
Sunil Kumar Yadav @ Sunil Kr. Yadav Son of Raj Mangal Ray Resident of
Village - Kolashi, P.S. - Chiraiya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 the
petitioner has antecedent of two cases and allegation is of
recovery of 50 litres of liquor from a place near bank of Sijua
river along with 2000 litres of semi-manufactured liquor, which
was destroyed at the spot.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.7088 of 2026(2) dt.19-02-2026
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and is accessible to villagers at large and he came to be
implicated at the instance of Chowkidar but then it is submitted
that if the Chowkidar was aware about the involvement of the
petitioner in the occurrence, then why he did not inform the
police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution. It is also submitted of
late police has started implicating accused who had criminal
antecedent without holding a proper investigation.
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. 10,000/- (Rupees
Ten 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 Shikarganj P.S. Case
No. 274 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 than two
Patna High Court CR. MISC. No.7088 of 2026(2) dt.19-02-2026
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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 two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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