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Patna High Court

Vijay Yadav @ Vijo YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to a bond, sureties and verification of antecedents, with confirmation contingent on the petitioner having no more than two prior cases.

Summary

The petitioner, Vijay Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 110 litres of liquor from a public area. He contended that no liquor was found in his possession, the recovery site did not belong to him, and the complaint was based solely on the testimony of a chowkidar who failed to inform police earlier. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. It further held that if the petitioner is found to have more than two prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise (Amendment) Act
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are valid for confirming or cancelling bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • Section 482
  • bail conditions
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90952 of 2025
                       Arising Out of PS. Case No.-267 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
                 Vijay Yadav @ Vijo Yadav S/O Dhoko Yadav R/O Village- Usri, P.S.- Gogari,
                 Distt.- Khagaria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh
                 For the Opposite Party/s :       Mr. Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  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 offence punishable under Sections 30(a), 30(c)

                   and 30(d) of Bihar Prohibition and Excise (Amendment) Act,.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 110 litres of liquor from Usri Diyara. 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 public at large and he came to be

                   implicated at the instance of chowkidar but then it is submitted

                   that if chowkidar was aware of the involvement of the petitioner
Patna High Court CR. MISC. No.90952 of 2025(2) dt.12-01-2026
                                            2/3




          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. It is also 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 petitioner.

                       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 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 Gogari

          P.S. Case No.267/2025, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
             Patna High Court CR. MISC. No.90952 of 2025(2) dt.12-01-2026
                                                         3/3




                       two cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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