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Patna High Court

Sadanand Kumar @ Sadanand YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail to the petitioner.

Summary

The petitioner, Sadanand Kumar Yadav, feared arrest in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 275 litres of liquor from two cycles. He argued that he was not arrested on the spot, no liquor was seized from his possession, and he was not the owner of the cycles, contending that the investigation relied on secret information. The State opposed his application for anticipatory bail. The Patna High Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 and two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, with a condition that the trial court verify his criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The order thus provides conditional relief pending trial.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Criminal Procedure Code in the present circumstances.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether the absence of seizure from the petitioner’s possession justifies the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail conditions
  • secret information
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89347 of 2025
                        Arising Out of PS. Case No.-76 Year-2025 Thana- Hemjapur District- Munger
                 ======================================================
                 Sadanand Kumar @ Sadanand Yadav son of Bhujo Yadav @ Bhujdev yadav
                 Resident of Village-Singhiya, P S Safiasarai District- Munger
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ratneshwar Prasad, Advocate
                 For the Opposite Party/s :        Mr. Anish Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   22-01-2026                  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 Sections 30(a) and 32 of the Bihar

                   Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioners submits that

                   petitioner has antecedent of two cases out of which one case is under

                   the Excise Act and allegation is of recovery of 275 litres of liquor

                   from two cycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted that

                   petitioner is not the owner of any of the seized cycles and came to be

                   implicated based on the secret information which is the easiest way

                   to implicate someone without holding a proper investigation of the

                   case.
           Patna High Court CR. MISC. No.89347 of 2025(3) dt.22-01-2026
                                                       2/2




                                  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, let 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.10,000/- (Rupees Ten 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 Hemjapur P.S. Case No. 76 of 2025, subject to the conditions as

                     laid down under Section 438(2) of the Cr.P.C./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 if it is found

                     that petitioner has antecedent of more than two cases, it would be

                     presumed that petitioner had concealed his antecedent before this

                     Court at para 3 of the anticipatory bail application in that event the

                     provisional anticipatory bail order shall not be confirmed but if it is

                     found on verification that petitioner has antecedent of only two cases

                     in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.

                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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