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Patna High Court

Sunil Kumar Yadav @ Sunil Kr. YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                          3/3




                        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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