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Patna High Court

Raushan Yadav @ Raushan RajversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to verification of the petitioner’s criminal antecedent, with confirmation contingent on the findings.

Summary

The petitioner, Raushan Yadav, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32(2)(3) and 41 of the Bihar Prohibition and Excise Act concerning the alleged recovery of 510.375 litres of liquor and seizure of three motorcycles. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and that the orchard from which the liquor was recovered did not belong to him. He further contended that the chaukidar who implicated him failed to inform the police earlier, 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 bail bond of Rs.5,000 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedent within six weeks. If more than one antecedent is found, the bail will not be confirmed; if only one, it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences under the Bihar Prohibition and Excise Act.
  • Whether the alleged recovery of liquor and seizure of vehicles constitute sufficient ground to deny anticipatory bail.
  • Whether the petitioner’s criminal antecedent, if more than one case, should preclude confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 438 Cr.P.C.
  • Section 482 BNSS
  • liquor seizure
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80347 of 2025
                   Arising Out of PS. Case No.-146 Year-2025 Thana- CHERIYA BARIYARPUR District-
                                                        Begusarai
                 ======================================================
                 Raushan Yadav @ Raushan Raj S/o Rama Uday Yadav @ Ram Uday Yadav
                 R/o - Gangauli, P.S - Vibhutipur, District - Samastipur
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Yogesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Shyam Bihari Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-01-2026                  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 Sections 30(a),

                   32(2)(3) and 41 of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 510.375 litres of liquor from an orchard and three

                   motorcycles were seized.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that even the alleged recovery is from a place which does not

                   belong to the petitioner and he is not the owner of any of the
Patna High Court CR. MISC. No.80347 of 2025(2) dt.16-01-2026
                                            2/3




          seized vehicles. It is next submitted that petitioner came to be

          implicated at the instance of the Chawkidar but then it is

          submitted that if the Chawkidar was aware of the involvement

          of the petitioner in the occurrence then why he did not inform

          the police prior to the institution of the instant 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 petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let 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.5,000/- (Rupees 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 Cheriya

          Bariyarpur P.S. Case No. 146 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 petitioner and if

          it is found that petitioner has antecedent of more than one case,
           Patna High Court CR. MISC. No.80347 of 2025(2) dt.16-01-2026
                                                       3/3




                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

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

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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