Patna High Court
Amit Kumar Yadav @ Amit YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioners’ criminal antecedents.
Summary
The petitioners, Amit Kumar Yadav and Sudarshan Paswan, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act, relating to alleged recovery of liquor and raw wine. They argued they have clean antecedents, were not caught in possession, and were implicated only through a chowkidar’s complaint, which they claim is unreliable. The State opposed the bail. The Court considered the petitioners’ clean record, the lack of direct possession, and the need to verify antecedents before confirming bail. It granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and ordered verification of criminal antecedents within six weeks. If any antecedent is found, the bail will not be confirmed; otherwise, the provisional order will be confirmed forthwith.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under the circumstances?
- Whether the petitioners’ alleged lack of possession and clean antecedent justify provisional anticipatory bail?
- Whether Section 482(2) of the applicable statute permits the Court to conditionally grant anticipatory bail pending verification of antecedents.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Narcotic Substances Act, 2023 — s. 274, 275
Subjects
- anticipatory bail
- Section 274 BNS
- Section 275 BNS
- Section 30(a) Bihar Excise Act
- clean antecedent
- Section 482(2)
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84880 of 2025
Arising Out of PS. Case No.-422 Year-2025 Thana- KESARIA District- East Champaran
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1. Amit Kumar Yadav @ Amit Yadav S/O Hiralal Yadav Resident of village -
Banparua,P.S- Dumariyaghat,Dist- East Champaran
2. Sudarshan Paswan S/O Dhora Paswan Resident of village - Banparua,P.S-
Dumariyaghat,Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 19-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 274 and
275 of the BNS, 2023 read with Section 30(a) of the Bihar
Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 385 liters of liquor from a sack at village Banporwa
Chawar along with 2000 liters of raw wine which was
destroyed.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.84880 of 2025(3) dt.19-01-2026
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petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and they came to be implicated at the instance of
Chowkidar, but then it is submitted that if 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. It
is further submitted that it appears that Chowkidar in order to
save the real culprits falsely implicated the petitioners, when
petitioners are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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 Kesaria
P.S. Case No. 422 of 2025 subject to the conditions as laid down
Patna High Court CR. MISC. No.84880 of 2025(3) dt.19-01-2026
3/3
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 petitioners and
in the event if it is found that any of the petitioners have
antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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