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Patna High Court

Radhe Yadav @ Radhe KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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/-

U        T


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