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Patna High Court

Bhim Yadav @ Om Prakash Kumar @ Om PrakashversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to bond, sureties, and verification of criminal antecedent.

Summary

The petitioner, Bhim Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 60 litres of liquor from a paddy field not belonging to him. He argued that the liquor was not in his conscious possession, the location was communal, and the informant (chowkidar) did not report his involvement earlier, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If more than one prior case is found, the bail may be revoked; if only one, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
  • Whether the circumstances of alleged recovery and lack of possession justify granting bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • liquor seizure
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83282 of 2025
                   Arising Out of PS. Case No.-197 Year-2025 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Bhim Yadav @ Om Prakash Kumar @ Om Prakash S/o Butadhari Singh @
                 Kameshwar Singh R/o Village - Sikrahata Bharosi Tola, P.S - Sikrahata,
                 District - Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravindra Kumar
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 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, Sri Rabindra Kumar.

                             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 one case under the Excise Act and

                   allegation is of recovery of 60 litres of liquor from a paddy

                   field.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.83282 of 2025(3) dt.19-01-2026
                                            2/3




          and is accessible to villagers at large and he came to be

          implicated at the instance of Chowkidar but then it is submitted

          that if the Chowkidar was aware about 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.

                   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. 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 Charpokhari P.S. Case

          No. 197 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 one

          case then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
              Patna High Court CR. MISC. No.83282 of 2025(3) dt.19-01-2026
                                                          3/3




                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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