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Patna High Court

Raja Yadav @ Raja KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Raja Yadav, sought anticipatory bail fearing 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, had no liquor in his possession, and was not the owner of the cycles, contending that the investigation relied on secret information. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order conditioned the trial court to verify the petitioner’s criminal antecedent; if more than four prior cases are found, the bail will not be confirmed, otherwise it will be confirmed. The decision balances the petitioner’s right to liberty with the State’s interest in ensuring proper investigation.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the present circumstances
  • Whether the petitioner’s alleged antecedent of four prior excise cases affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • excise law
  • liquor seizure
  • criminal antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90006 of 2025
                        Arising Out of PS. Case No.-76 Year-2025 Thana- Hemjapur District- Munger
                 ======================================================
                 Raja Yadav @ Raja Kumar 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 petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery 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.90006 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.20,000/- (Rupees Twenty 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 four 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 four cases

                     in that event the provisional anticipatory bail order shall be

                     confirmed forthwith.

                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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