Mohit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2445 of 2026 Arising Out of PS. Case No.-73 Year-2025 Thana- Bhopatpur District- East Champaran ====================================================== 1.
Mohit Yadav S/O Manager Yadav R/O Village- Chaubey Tola, P.SBhopatpur, Distt.- East Champaran. 2.
Pappu Yadav @ Pappu Kumar S/O Lakhindra Yadav R/O Village- Chaubey Tola, P.S- Bhopatpur, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Nityanand, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2026
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 Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of four cases out of which one case is under the Excise Act and petitioner no. 2 has antecedent of three cases out of which one case under the Excise Act and allegation is of recovery of 210 litres of liquor from two motorcycles from the bank of Samvati River.
4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.2445 of 2026(2) dt.27-01-2026 2/3 recovered from their conscious possession. It is next submitted that petitioners are not of the owner of any of the seized vehicles and came to be implicated at the instance of the Chawkidar with whom petitioners are on an inimical term. It is also submitted that if the Chawkidar was aware of the involvement of petitioner in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution. It is lastly submitted that once an accused is implicated in a case relating to excise the police start implicating mechanically either at the instance of the Chawkidar, local person, confessional statement or secret information without holding a proper investigation of the case.
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, let 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.20,000/- (Rupees Twenty 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
Patna High Court CR. MISC. No.2445 of 2026(2) dt.27-01-2026 3/3 with Bhopatpur P.S. Case No. 73 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./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 if it is found that petitioner no. 1 has antecedent of more than four cases and petitioner no. 2 has antecedent of more than three cases, it would be presumed that petitioners had concealed their antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner no. 1 has antecedent of only four cases and petitioner no. 2 has antecedent of only three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioners based on instruction submits that petitioners undertake to deposit an amount of Rs.2,500/- with the Advocate Association of the Patna High Court.
(Satyavrat Verma, J) Kundan/- U T