Radhe Yadav @ Radhe Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.820 of 2026 Arising Out of PS. Case No.-263 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Radhe Yadav @ Radhe Kumar S/o Sri Garkan Yadav R/o vill and P.O. - Balam Tola, P.S.- Madhepura, Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Kumar For the Opposite Party/s :
Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-01-2026
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.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 37.155 litres of liquor from courtyard and fodder house of the petitioner. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and the fodder house is a place outside the house and the house in question is a joint family property as such it cannot be alleged with certainty that it was petitioner,
Patna High Court CR. MISC. No.820 of 2026(2) dt.19-01-2026 2/3 who had kept the liquor in the house or the liquor kept in the house was within his knowledge and it appears that someone inimical to the family concealed meager amount of liquor in the fodder house with an intent to implicate the entire family members and the petitioner came to be implicated at the instance of local villager, but then the name of the person who disclosed the name of the petitioner is not disclosed in the FIR which casts an aspersion on the case of the prosecution, when petitioner admittedly is a person with clean antecedent.
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.500/- (Rupees five hundred) 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 Excise Case No.263/2019, 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
Patna High Court CR. MISC. No.820 of 2026(2) dt.19-01-2026 3/3 shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even 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 is a person with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T