Chandan Yadav @ Chandan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30747 of 2026 Arising Out of PS. Case No.-71 Year-2026 Thana- Excise P.S. District- Saran ====================================================== 1.
Chandan Yadav @ Chandan Kumar Yadav S/o Hareram Yadav R/o Village - Ghorahat, P.S - Manjhi, Dist. - Saran.
2.
Raju Yadav @ Raju Kumar Yadav S/o Suresh Yadav R/o Village - Ghorahat, P.S - Manjhi, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishwajeet Singh For the Opposite Party/s :
Ms. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2026
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 Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.
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 is a person with clean antecedent and allegation is of recovery of 1512.36 litres of liquor from village Ghorhat. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.30747 of 2026(2) dt.06-05-2026 2/3 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 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, when petitioners have not been implicated based on secret information. 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 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 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 with Saran Sadar Excise P.S. Case No.71/2026, subject to the conditions as laid down under
Patna High Court CR. MISC. No.30747 of 2026(2) dt.06-05-2026 3/3 Section 482(2) of the B.N.S.S.
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 four cases and petitioner no.2 has antecedent of even 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 respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T