Raj Kumar Yadav @ Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32380 of 2026 Arising Out of PS. Case No.-14 Year-2026 Thana- HALAI District- Samastipur ====================================================== 1.
Raj Kumar Yadav @ Raj Kumar S/o Bhola Yadav Resident of villageIndrawara, Police Station- Halai, District- Samastipur 2.
Rahul Kumar S/o Lutan Ray Resident of village- Indrawara, Police StationHalai, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh For the Opposite Party/s :
Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2026
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 petitioners are persons with clean antecedent and allegation is of recovery of 54 litres of liquor from a mustard field. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners and is accessible to villagers at large and they
Patna High Court CR. MISC. No.32380 of 2026(2) dt.13-05-2026 2/3 came to be implicated at the instance of chowkidar with whom they are on an inimical term. It is also submitted that if chowkidar was aware of the involvement of the petitioner 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.
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.500/- (Rupees five hundred) 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 Halai P.S. Case No.14/2026, subject to the conditions as laid down under 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 petitioners have antecedent of even one case, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as
Patna High Court CR. MISC. No.32380 of 2026(2) dt.13-05-2026 3/3 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