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Patna High Court

Amit Kumar Yadav @ Amit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                            2/3




          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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