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Patna High Court

Munna YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to a bail bond, sureties and verification of his criminal antecedents.

Summary

Munna Yadav applied for anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 42.8 litres of liquor from a sugarcane field that does not belong to him. The petitioner argued that he was not in possession of the liquor, that the complaint originated from a chowkidar without prior police notification, and that the investigation was mechanically driven. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail would be presumed concealed and not confirmed; if only one prior case is found, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for provisional anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91678 of 2025
                   Arising Out of PS. Case No.-522 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Munna Yadav S/o Late Ramjit Yadav @ Gora Yadav Resident of village-
                 Shivrajpur, P.s.- Nautan, District- West Champaran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mayank Mohan
                 For the Opposite Party/s :       Mr. Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 42.8 litres of liquor from a sugarcane

                   field. 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 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 in the
Patna High Court CR. MISC. No.91678 of 2025(2) dt.13-01-2026
                                            2/3




          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 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 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.5000/- (Rupees five 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 Nautan

          P.S. Case No.522/2025, 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.91678 of 2025(2) dt.13-01-2026
                                                         3/3




                       one case, 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 one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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