Patna High Court
Yogendra Kumar @ YogiaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Yogendra Kumar, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act alleging recovery of 13.875 litres of liquor from a public area. He contended that he has a clean criminal record, that the liquor was not in his possession, and that the complaint originated from a village chowkidar without any prior notice to the police. The State opposed the bail, arguing the seriousness of the offence. The High Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and verification of his antecedent under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the petitioner's clean antecedent and lack of possession justify the grant of anticipatory bail.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are applicable.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor recovery
- clean antecedent
- provisional bail
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89234 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- Mahuli District- Sheikhpura
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Yogendra Kumar @ Yogia S/O Virendra Yadav R/O Village- Mahuli, Near
Devi Mandir, Ward No. 06, P.S- Mahuli, Dist.- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 13.875 litres of liquor from a bush at village Mahuli
Khel Maidan. It is next submitted that petitioner was not
arrested from the spot, as such, nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner 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 Chowkidar was aware
Patna High Court CR. MISC. No.89234 of 2025(3) dt.22-01-2026
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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,
when petitioner admittedly is a person with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Judge, Sheikhpura/Concerned Court in connection with
Mahuli P.S. Case No.49 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.89234 of 2025(3) dt.22-01-2026
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anticipatory bail had concealed his antecedent before this Court,
in that event, the present 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)
Sanjay/-
U T
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