Basudev Yadav @ Pahalwan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Basudev Yadav @ Pahalwan Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: petitioner, if arrested or surrendering within six weeks, to be released on bail bond of Rs.500/- with two sureties of like amount each to the satisfaction of the Trial Court in Kamtaul P.S. Case No. 282 of 2025, subject to conditions under Section 438(2) Cr.P.C./482(2) B.N.S.S.; confirmation deferred pending Trial Court verification of criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in Kamtaul P.S. Case No. 282 of 2025 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, should be granted anticipatory bail.

Court's answer

Provisional anticipatory bail granted: petitioner to be released, in the event of arrest or surrender within six weeks, on furnishing a bail bond of Rs.500/- with two sureties of the like amount each, before the Trial Court where Kamtaul P.S. Case No. 282 of 2025 is pending, subject to the conditions of Section 438(2) Cr.P.C./482(2) B.N.S.S.

Ratio / Principle

Confirmation of the provisional order made contingent on Trial Court verification of the petitioner's criminal antecedents: if even one prior case is found, concealment will be presumed and the provisional anticipatory bail order shall not be confirmed; if clean antecedent is verified, the order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory Bail — Bihar Prohibition and Excise Act, S. 30(a) — Patna High Court, Crl. Misc. No. 26518 of 2026 (decided 24-04-2026, Satyavrat Verma, J): petitioner Basudev Yadav @ Pahalwan, apprehending arrest in Kamtaul P.S. Case No. 282 of 2025 (District Darbhanga) arising from an alleged recovery of 1130.4 litres of liquor from a hut near his house, sought pre-arrest bail claiming clean antecedents, absence of conscious possession, and implication by a Chawkidar with whom he is on inimical terms; the A.P.P. opposed. The Court granted PROVISIONAL anticipatory bail: release on arrest or surrender within six weeks on a personal bond undertaking of Rs. 500/- with two sureties of like amount, subject to conditions of S. 438(2) Cr.P.C. / 482(2) B.N.S.S. Confirmation of the provisional order was expressly made conditional on the Trial Court verifying the petitioner's criminal antecedents — discovery of even one prior case would be taken as concealment of antecedents and the order would NOT be confirmed; verification of a clean record would lead to confirmation forthwith. Counsel's assertions regarding non-involvement were submissions of the petitioner's side, not findings of the Court; no precedent was relied upon.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26518 of 2026

Arising Out of PS. Case No.-282 Year-2025 Thana- KAMTAUL District- Darbhanga

======================================================

Basudev Yadav @ Pahalwan Son of Keshvar Yadav @ Keshrar Yadav Resident of Village- Sotiya, Brahmpur, P.S.- Kamtaul, District- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Girish Chandra Jha, Advocate For the Opposite Party/s : Mr. Abhay Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 24-04-2026

Heard learned counsel for the petitioner and

learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 1130.4 litres of liquor from a hut near the house of the petitioner.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and even the alleged recovery is from a hut which does not belong to the petitioner but he came to be implicated at the instance of the Chawkidar with whom he is on an inimical term. It is further submitted that

Patna High Court CR. MISC. No.26518 of 2026(2) dt.24-04-2026 2/3

if the Chawkidar was aware of the involvement of the 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.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel appearing on behalf of the petitioner, let the petitioner, above-named, in the event of his 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) 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 Kamtaul P.S. Case No. 282 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case, 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

Patna High Court CR. MISC. No.26518 of 2026(2) dt.24-04-2026 3/3

shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Kundan/-

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