Patna High Court
Birendra Kumar Yadav @ Birendra Kumar @ Birenndra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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