Patna High Court

Ram Chandra Yadav @ Ram Chandra Prasad YadavversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted, subject to verification of the petitioner’s criminal antecedent, when the alleged offence lacks possession and the accused has a clean record.

Summary

Ram Chandra Yadav was implicated in a case under Sections 47(a) and 47(f) of the Bihar Excise Act for allegedly recovering 40 litres of liquor and 600 kg of fermented jawa‑mahua solution from a public canal bank. The petitioner claimed a clean antecedent, no arrest, and that the seized material was not in his possession nor on his private property. The State opposed his prayer for anticipatory bail. The court examined the lack of possession, the public nature of the location, and the petitioner’s clean record, and consequently granted provisional anticipatory bail subject to verification of his antecedent under Section 482(2) of the BNSS. The order directs the trial court to confirm the bail if the petitioner is found to have no prior criminal cases, otherwise the bail will be cancelled. The decision balances the presumption of innocence with the need for a factual verification of antecedent.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Sections 47(a) and 47(f) of the Bihar Excise Act.
Whether the absence of possession and the public nature of the alleged site justify granting anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
possession
public place
clean antecedent
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7121 of 2026
                   Arising Out of PS. Case No.-453 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Ram Chandra Yadav @ Ram Chandra Prasad Yadav S/o Pachu Yadav R/o
                 Village- Sartakiya, PS- Hisua, Distt.- Nawada

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Pramod Kumar Verma
                 For the Opposite Party/s :    Mr.Akbar Ali
                 ======================================================
                 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 Sections 47(a) and

                   47(f) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 litres of liquor from a place near eastern bank of

                   a canal along with 600 kg of fermented jawa mahua solution,

                   which was destroyed.

                             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
Patna High Court CR. MISC. No.7121 of 2026(2) dt.19-02-2026
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          recovery is from a place which does not belong to the petitioner

          and is accessible to public at large and he came to be implicated

          based on secret information which is the easiest way to

          implicate someone wihout holding a proper investigation

          moreso when petitioner admittedly is a person with clean

          antecedent.

                   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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 G.O P.S. Case No. 453 of 2015 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 even one case

          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
              Patna High Court CR. MISC. No.7121 of 2026(2) dt.19-02-2026
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                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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