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Patna High Court

Arun YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

Arun Yadav sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging that 67.5 litres of liquor were recovered from a public bush, not from his possession. He argued that the alleged recovery site did not belong to him, the informant’s name was omitted from the FIR, and that the police had mechanically implicated him without proper investigation. The State opposed the bail, contending that the offence warranted detention. The High Court, after considering the petitioner's submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and subject to verification of his criminal antecedents under Section 482(2) of the BNSS. The order further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent case is verified.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the conditions imposed under Section 482(2) of the BNSS are applicable to the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30
  • Bihar Excise Act
  • Section 482
  • high court
  • criminal antecedent
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87329 of 2025
                      Arising Out of PS. Case No.-514 Year-2024 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Arun Yadav Son of Naresh Yadav Resident of Village - Aata Sarai, Police
                 Station - Islampur, District - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shyamal Prakash
                 For the Opposite Party/s :       Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026               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 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 67.5 litres of liquor from a bush.

                             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

                   and is accessible to public at large and he came to be implicated

                   at the instance of local people, but then the name of the person,
Patna High Court CR. MISC. No.87329 of 2025(2) dt.17-01-2026
                                            2/3




          who disclosed the name of the petitioner is not disclosed in the

          FIR, which casts an aspersion on the case of the prosecution. It

          is further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                   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 Islampur

          P.S. Case No. 514 of 2024, 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
              Patna High Court CR. MISC. No.87329 of 2025(2) dt.17-01-2026
                                                          3/3




                        than one case then it would be presumed that petitioner, for the

                        purposes of seeking anticipatory bail, had concealed his

                        antecedent before this 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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