Patna High Court
Sakesh Yadav @ Saket Yadav @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Sakesh Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 120 litres of liquor from a motorcycle. He argued that he was not caught in possession, was not the vehicle's owner, and his name was omitted from the FIR, raising doubts about the prosecution's case. The State opposed the bail, citing his prior five excise cases. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs. 25,000 bail bond with two sureties and a requirement to deposit Rs. 5,000 with the Advocates’ Association, subject to verification of his criminal antecedent. The order stipulated that if more than five prior cases are found, the bail would be revoked, whereas confirmation would follow if exactly five cases are verified.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of five excise cases affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- Section 482(2)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76582 of 2025
Arising Out of PS. Case No.-106 Year-2025 Thana- ROSHANGANJ District- Gaya
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Sakesh Yadav @ Saket Yadav @ Rakesh Kumar S/O Late Sahdev Yadav R/O
Village- Kosmahi, P.S- Hunterganj, Distt.- Chatra, State- Jharkhand
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 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 five cases under the Excise Act and
allegation is of recovery of 120 litres of liquor from a
motorcycle.
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 is not the owner of
the seized vehicle and he came to be implicated at the instance
of local people, but then the name of the person, who disclosed
Patna High Court CR. MISC. No.76582 of 2025(3) dt.31-01-2026
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the name of the petitioner is not disclosed in the FIR, which
casts an aspersion on the case of the prosecution. It is further
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 Raushanganj P.S. Case
No. 106 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 antecedent before this
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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, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 5,000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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