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Patna High Court

KARI YADAV @ AMARJIT YADAVversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Kari Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging that the alleged seizure of 198.75 litres of liquor occurred at a location not belonging to him and that he was implicated solely on the basis of a chowkidar's information. He has five prior criminal cases, four of which relate to excise offences. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs. 25,000 with two sureties and directed verification of the petitioner’s antecedents. It stipulated that if the petitioner is found to have more than five prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • criminal antecedent
  • bail conditions
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7606 of 2026
                      Arising Out of PS. Case No.-250 Year-2025 Thana- KEWATI District- Darbhanga
                 ======================================================
                 KARI YADAV @ AMARJIT YADAV S/O Ram Prakash Yadav Resident of
                 Village- Kadamtoli, Police Station- Keoti, District- Darbhanga

                                                                                   ... ... Petitioner/s
                                                       Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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

                   petitioner has antecedent five cases out of which four cases are

                   under the excise act and allegation is of recovery of 198.75 liters

                   of liquor from a bush near a gas godown.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated at the instance of Chowkidar, but
Patna High Court CR. MISC. No.7606 of 2026(2) dt.23-02-2026
                                            2/3




          then it is submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information 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.

          25,000/- (Rupees Twenty Five 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 Keoti (Kewati) P.S. Case No. 250 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 five cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.7606 of 2026(2) dt.23-02-2026
                                                        3/3




                      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 five

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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