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

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

What the court decided

AI extract

Outcome

Provisional anticipatory bail to both petitioners: release in the event of arrest or surrender within six weeks, on 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 Buniyadganj P.S. Case No.158/2026, subject to the conditions laid down under Section 482(2) of the B.N.S.S.; the provisional order to be confirmed forthwith if verification shows clean antecedents, and not confirmed (deemed concealment) if even one prior case is found.

Issue for consideration

Whether the petitioners, who apprehend their arrest in connection with Buniyadganj P.S. Case No.158/2026 registered for an offence punishable under Sections 30(a)(d) of the Bihar Prohibition and Excise Amendment Act, are entitled to anticipatory bail.

Court's answer

On consideration of the submissions of counsel for the petitioners, the anticipatory bail prayer is allowed provisionally: in the event of arrest or surrender within six weeks, both petitioners are to be released on provisional anticipatory bail on 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 Buniyadganj P.S. Case No.158/2026 is pending (or successor court), subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Ratio / Principle

The learned trial court shall thereafter verify the criminal antecedents of the petitioners; if even one prior case is found, it will be presumed that the petitioners concealed their antecedents before this Court, and the provisional anticipatory bail order shall not be confirmed.

Key takeaways

If, after verification, the petitioners are found to be persons with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶¶23

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.50619 of 2026 (oral order dated 23-07-2026), Satyavrat Verma, J. — Anticipatory bail sought under Section 482(2) BNSS by two petitioners apprehending arrest in Buniyadganj P.S. Case No.158/2026, District Gaya, registered for an offence punishable under Sections 30(a)(d) of the Bihar Prohibition and Excise Amendment Act (alleged recovery of 35 litres of liquor from the bank of the Falgu river). Application allowed provisionally: on arrest or surrender within six weeks, petitioners to be released on provisional anticipatory bail on bail bonds of Rs.500/- each with two sureties of the like amount each, subject to Section 482(2) BNSS conditions. Trial court directed to verify criminal antecedents: discovery of even one prior case will be presumed concealment and the provisional order will not be confirmed; verified clean antecedents entail confirmation forthwith. Defence contentions recorded: no arrest from spot, nothing recovered from conscious possession, recovery site public and not belonging to petitioners, implication at the instance of an inimical chowkidar, and the chowkidar's failure to alert police before the FIR casting an aspersion on the prosecution case.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50619 of 2026

Arising Out of PS. Case No.-158 Year-2026 Thana- BUNIYAD GANJ District- Gaya

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Birendra Yadav @ Birendra Kumar S/o Ramashray Yadav R/vill- Kukiyasin, P.S.- Buniyadganj, Distt- Gayaji

Akhilesh Yadav S/o Baiju Yadav @ Kuldip Yadav R/o vill - Sadipur, P.S.Buniyadganj, Distt.- Gaya Ji

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. Awadhesh Kumar Singh

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 23-07-2026 1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 30(a)(d) of Bihar Prohibition and Excise Amendment Act.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 35 litres of liquor from bank of Falgu river.

Learned counsel for the petitioners submits 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

Patna High Court CR. MISC. No.50619 of 2026(2) dt.23-07-2026 2/3

petitioners and is accessible to public at large and they 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.

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

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 Buniyadganj P.S. Case No.158/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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

Patna High Court CR. MISC. No.50619 of 2026(2) dt.23-07-2026 3/3

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 but if after verification it is found that petitioners are persons with clean antecedent, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

amit/-

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