Patna High Court
Guddu YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to a bail‑bond, sureties and verification of antecedents under Section 482(2) of the CrPC.
Summary
Guddu Yadav applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for alleged recovery of 351 litres of liquor from a public place. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the recovery was based on secret information, making the charge mechanically filed. The State opposed the bail. The Patna High Court, considering these submissions, granted provisional anticipatory bail on condition of a bail‑bond of Rs 10,000 with two sureties and subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the CrPC. The order directs that if more than two prior cases are found, the bail will not be confirmed; if only two are found, the bail will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted when the alleged offence is based on recovery from a public place and secret information.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
- Whether provisional anticipatory bail can be conditioned on verification of antecedents under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- criminal antecedent
- provisional bail
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91089 of 2025
Arising Out of PS. Case No.-226 Year-2025 Thana- HATHUA District- Gopalganj
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Guddu Yadav S/o- Manager Yadav @ Mainejar Yadav @ Manejar Yadav
Village- Hasua Ekla Aam PS- Nautan District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 351 litres of liquor from a bush. 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 based on secret information which is the easiest
way to implicate someone. It is also submitted that once an
Patna High Court CR. MISC. No.91089 of 2025(2) dt.12-01-2026
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accused is implicated in a case relating to excise, the police
starts implicating mechanically without holding a proper
investigation either at the instance of Chowkidar, local person,
confessional statement or secret information.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District &
Additional Sessions Judge-XIII-cum-Special, Excise Court
No.1, Gopalganj in connection with Hathua P.S. Case No.226 of
2025, subject to the conditions laid down under Section 482(2)
of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than two cases,
Patna High Court CR. MISC. No.91089 of 2025(2) dt.12-01-2026
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then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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