Patna High Court
Radhe Yadav @ Radhe KumarversusThe State of Bihar
- Decided
- 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 conditions imposed under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Radhe Yadav, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 37.155 litres of liquor recovered from a courtyard and a fodder house that form part of a joint family property. He was not arrested at the scene and no liquor was found in his immediate possession. The petitioner asserted a clean criminal record and argued that the liquor was concealed by an inimical family member to frame him, noting that the informant’s name was omitted from the FIR. The State opposed the grant of anticipatory bail. The Court, considering the lack of direct possession, the possibility of false implication, and the petitioner’s clean antecedent, ordered provisional anticipatory bail subject to bail bonds and sureties, with verification of antecedents by the trial court, and conditioned the confirmation of bail on the outcome of that verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of alleged possession and the omission of the informant’s name in the FIR justify granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- joint family property
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.820 of 2026
Arising Out of PS. Case No.-263 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
District- Madhepura
======================================================
Radhe Yadav @ Radhe Kumar S/o Sri Garkan Yadav R/o vill and P.O. -
Balam Tola, P.S.- Madhepura, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Kumar
For the Opposite Party/s : Mr. Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 37.155 litres of liquor from courtyard and fodder
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 the fodder house is a place outside
the house and the house in question is a joint family property as
such it cannot be alleged with certainty that it was petitioner,
Patna High Court CR. MISC. No.820 of 2026(2) dt.19-01-2026
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who had kept the liquor in the house or the liquor kept in the
house was within his knowledge and it appears that someone
inimical to the family concealed meager amount of liquor in the
fodder house with an intent to implicate the entire family
members and the petitioner came to be implicated at the
instance of local villager, but then the name of the person who
disclosed the name of the petitioner is not disclosed in the FIR
which casts an aspersion on the case of the prosecution, when
petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. for the State 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 Excise
Case No.263/2019, 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
Patna High Court CR. MISC. No.820 of 2026(2) dt.19-01-2026
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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
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/-
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