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Patna High Court

Birendra Kumar Yadav @ Birendra Kumar @ Birenndra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond and surety conditions, with confirmation contingent upon verification of the petitioners’ criminal antecedents.

Summary

The petitioners, Birendra Kumar Yadav and Amit Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 20.13 litres of liquor from the roof of J & S Complex. They argued that they were not arrested on the spot, no liquor was found in their conscious possession, and the informant’s name was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, pending verification of the petitioners’ criminal antecedents. The order stipulated that if petitioner No.1 has more than one prior case or petitioner No.2 has any prior case, the bail would not be confirmed; otherwise, it would be confirmed. Thus, the petitioners were conditionally released on anticipatory bail pending further verification.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. and Section 482(2) BNSS in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the absence of the informant’s name in the FIR and lack of conscious possession affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 438
  • Section 482
  • liquor seizure
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7341 of 2026
                  Arising Out of PS. Case No.-230 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
                                                        Madhepura
                 ======================================================
           1.     Birendra Kumar Yadav @ Birendra Kumar @ Birenndra Kumar S/o
                  Satendary Roy Resident of - Hardibari, Ward No.- 14, P.S - Bihariganj,
                  District - Madhepura
           2.     Amit Kumar S/o Late Mahamntri Bhagat @ Deep Narayan Resident of -
                  Bihariganj, Ward No. 7, P.S - Bihariganj, District - Madhepura
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bambahadur Jha, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case and petitioner no. 2 is

                   a person with clean antecedent and allegation is of recovery of

                   20.13 litres of liquor from roof of J & S Complex at Bihariganj.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the alleged

                   recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.7341 of 2026(2) dt.19-02-2026
                                            2/3




          petitioners and they came to be implicated at the instance of the

          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.

                       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, let the petitioners above-named, in

          the event of their arrest or surrender 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 Udakishunganj Prohibition P.S. Case

          No. 230 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioners and

          if it is found that petitioner no. 1 has antecedent of more than

          one case and petitioner no. 2 has antecedent of even one case, it

          would be presumed that petitioners had concealed their

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.7341 of 2026(2) dt.19-02-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner no. 1 has antecedent of only one case and petitioner

                     no. 2 is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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