Govind Yadav @ Govinda Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62355 of 2025 Arising Out of PS. Case No.-190 Year-2024 Thana- YADOPUR District- Gopalganj ====================================================== Govind Yadav @ Govinda Kumar S/o Ramashankar Yadav R/o VillageBhagwanpur, P.S.- Nautan, Distrtict- Bettiah (West Champaran) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-12-2025
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 the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedent of six cases out of which four cases are under the Excise Act and allegation is of recovery of 6 litres of liquor from a motorcycle and 270 litres of liquor from a place near the river.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner is not the owner of the seized motorcycle and even the place from where 270 litres of liquor was recovered
Patna High Court CR. MISC. No.62355 of 2025(3) dt.23-12-2025 2/3 does not belong to him and is accessible to villagers at large. It is next submitted that petitioner came to be implicated based on the confessional statement of Mantu Yadav in police custody which does not have any evidentiary value in the eye of law. It is next 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 petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his 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.30,000/- (Rupees Thirty 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 Jadopur P.S. Case No. 190 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
Patna High Court CR. MISC. No.62355 of 2025(3) dt.23-12-2025 3/3 court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of more than six cases, it would be presumed that petitioner had concealed his 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 has antecedent of only six cases in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T