Patna High Court
Abhay Kumar Yadav @ Dhanji YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of antecedents, with confirmation contingent on the petitioners having no more than two prior cases.
Summary
The petitioners, Abhay Kumar Yadav and Umesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 15.87 litres of liquor from a collapsed house. They argued that they were not caught in possession, the FIR omitted the informant’s name, and the police had mechanically implicated them without proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs.10,000 each with two sureties, and directed verification of their criminal antecedents. The court stipulated that if the petitioners are found to have more than two prior cases, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the Bihar Negotiable Instruments and Securities Act.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act based on the facts presented.
- Whether the provisional bail order should be conditioned on verification of the petitioners' criminal antecedents.
Subjects
- anticipatory bail
- excise law
- Section 30
- police investigation
- criminal antecedent
- provisional bail
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90186 of 2025
Arising Out of PS. Case No.-550 Year-2025 Thana- ARA NAGAR District- Bhojpur
======================================================
1. Abhay Kumar Yadav @ Dhanji Yadav S/O Lali Yadav R/O Village- Gola
Mohalla- P.S.- Ara Town, District- Bhojpur at Ara.
2. Umesh Kumar @ Gore Lal Yadav S/O Lali Yadav R/O Village- Gola
Mohalla- P.S.- Ara Town, District- Bhojpur at Ara.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tejpratap Singh, Advocate
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of two cases and allegation is of
recovery of 15.87 liters of liquor from a collapsed house.
4. Learned counsel for the petitioners submits that
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
Patna High Court CR. MISC. No.90186 of 2025(2) dt.08-01-2026
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petitioners and they came to be implicated at the instance of
local person, but then the name of the person who disclosed the
name of the petitioners is not disclosed in the FIR which casts
an aspersion on the case of the prosecution. It is also 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 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.
10,000/- (Rupees Ten Thousand) 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
Ara Town P.S. Case No. 550 of 2025 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 petitioners and
Patna High Court CR. MISC. No.90186 of 2025(2) dt.08-01-2026
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in the event if it is found that any of the petitioners have
antecedent of more than two cases 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 have antecedent of
two cases, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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