Patna High Court
Suren Yadav @ Vijendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioners’ criminal antecedents.
Summary
Petitioners Suren Yadav and Sandip Kumar were implicated in a case under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2022 for allegedly recovering 35 litres of liquor and 300 litres of Jawa Mahua from a public bamboo orchard. They argued that nothing was seized from their conscious possession, the alleged site does not belong to them, and the FIR omits the informant’s name, casting doubt on the prosecution’s case. The State opposed anticipatory bail. The Court, considering the petitioners’ antecedent records (two cases for petitioner 1 and one for petitioner 2) and the possibility of concealment, granted provisional anticipatory bail on a bond of Rs 10,000 with two sureties, subject to verification of their criminal antecedents under Section 482(2) of the CrPC. The order stipulates that if verification shows more than the disclosed antecedents, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the offence under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2022.
- Whether the alleged lack of possession and the omission of the informant’s name in the FIR justify granting bail.
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- Section 482 CrPC
- criminal antecedents
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90618 of 2025
Arising Out of PS. Case No.-182 Year-2025 Thana- SAUR BAZAR District- Saharsa
======================================================
1. Suren Yadav @ Vijendra Kumar S/o Late Bhochan Yadav Resident of
Village- Sahuriya Purvi, ward no. 14, P.S- Sour Bazar, District- Saharsa
2. Sandip Kumar S/o Suren Yadav @ Vijendra Kumar Resident of Village-
Sahuriya Purvi, ward no. 14, P.S- Sour Bazar, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha
For the Opposite Party/s : Mr. Awadhesh Kumar Singh
======================================================
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 offence punishable under Sections 30(a) and
30(c) of Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of two cases and petitioner no.2
has antecedent of one case and allegation is of recovery of 35
litres of liquor from a bamboo orchard along with 300 litres of
Jawa Mahua which was destroyed at the spot. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
Patna High Court CR. MISC. No.90618 of 2025(2) dt.08-01-2026
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even alleged recovery is from a place which does not belong to
the petitioners and is accessible to public at large and they came
to be implicated at the instance of local person but then it is
submitted that 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 next submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either through chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. 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 Court below
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
Sour Bazar P.S. Case No.182/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.90618 of 2025(2) dt.08-01-2026
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6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of more than two cases and petitioner no.2 has antecedent of
more than one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that petitioner
no.1 has antecedent of two cases and petitioner no.2 has
antecedent of one case, in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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