Patna High Court

Raju YadavversusThe State of Bihar

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

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Raju Yadav, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 30 litres of liquor from a field adjacent to his house. He argued that he has a clean antecedent, that the liquor was not in his possession, and questioned the credibility of the chowkidar’s testimony. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, directing the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Whether the conditions imposed under Section 482(2) of the CrPC are appropriate

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Section 30
Bihar Prohibition Act
clean antecedent
bail conditions
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79866 of 2025
                         Arising Out of PS. Case No.-104 Year-2025 Thana- KOTHI District- Gaya
                 ======================================================
                 Raju Yadav Son of Khemad Yadav @ Kheman Yadav R/o Village -
                 Majhgawan, P.S. - Kothi, Dist. - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Javed Jafar Khan
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 30 litres of liquor from a sugarcane field situated

                   near the house of the petitioner. It is next submitted that

                   petitioner was not arrested 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

                   but then is adjacent to his house and he came to be implicated at

                   the instance of chowkidar but then it is submitted that if
Patna High Court CR. MISC. No.79866 of 2025(3) dt.19-01-2026
                                            2/3




          chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

                       4. Learned A.P.P. for the State Mr. Chandra Bhushan

          Prasad opposes the prayer for anticipatory bail of the petitioner.

                       5. 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 Court below

          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 Kothi

          P.S. Case No.104/2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.79866 of 2025(3) dt.19-01-2026
                                                         3/3




                       on verification 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)
amit/-

U        T

Continue reading with your account

Checking your session…