Yogendra Bind Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Yogendra Bind Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: petitioner to be released, upon arrest or surrender before the learned Court below within six weeks, on furnishing bail-bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-2, Sasaram, Rohtas, in connection with Dhaudadh P.S. Case No.102 of 2025, subject to conditions under Section 482(2) of the B.N.S.S.; provisional order to be confirmed forthwith if antecedent verification discloses only one case, and not to be confirmed if more than one case is found.

Issue for consideration

Whether the petitioner, apprehending arrest in Dhaudadh P.S. Case No.102 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, should be granted anticipatory bail.

Court's answer

In the event of arrest or surrender before the learned Court below within six weeks, the petitioner is directed to be released on provisional anticipatory bail on furnishing bail-bond of Rs.5,000/- with two sureties of the like amount each, to the satisfaction of learned Exclusive Special Judge Excise-2, Sasaram, Rohtas, in connection with Dhaudadh P.S. Case No.102 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Ratio / Principle

The anticipatory bail application stands allowed.

Key takeaways

The learned trial Court, after accepting the provisional bail bond of the petitioner, shall verify the criminal antecedent of the petitioner.ratio¶7
If verification shows that the petitioner has antecedent of more than one case, it would be presumed that the petitioner concealed his antecedent for the purposes of obtaining anticipatory bail, and in that event the present provisional anticipatory bail order shall not be confirmed.ratio¶7
If on verification it is found that the petitioner has antecedent of only one case, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory bail — Bihar Prohibition and Excise Act, 2018, S.30(a) — petitioner apprehending arrest in Dhaudadh P.S. Case No.102 of 2025 (Rohtas), alleged recovery of 5.7 litres of liquor from a joint family house; petitioner not arrested from spot — HELD: provisional anticipatory bail granted; petitioner, on arrest or surrender within six weeks, to be released on bail-bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-2, Sasaram, Rohtas, subject to conditions under S.482(2) B.N.S.S. — trial court to verify criminal antecedents after accepting the provisional bail bond; if more than one antecedent case is found, concealment is presumed and the provisional order shall not be confirmed; if only one case is found, the provisional order shall be confirmed forthwith — petitioner undertakes to deposit Rs.2,500/- with High Court Legal Services Committee, Patna within two weeks. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5529 of 2026

Arising Out of PS. Case No.-102 Year-2025 Thana- DHAUDAD District- Rohtas

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

Yogendra Bind Son of Late Ishwar Bind R/o Village - Dhaudadh, P.S. - Dhaudadh, District - Rohtas.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ashwani Kumar Tiwary, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 03-02-2026

Heard learned counsel for the petitioner and learned

APP for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 5.7 litres of liquor from the 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 house in question is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house was within his knowledge and after amendment in

Patna High Court CR. MISC. No.5529 of 2026(2) dt.03-02-2026 2/3

the Excise Act in the year 2018, the concept of deemed possession and presumed offender has been done away with and he came to be implicated at the instance of local person but then 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.

Learned A.P.P. opposes the anticipatory bail application.

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, is directed to be released on provisional anticipatory bail on his furnishing bail-bond in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-2, Sasaram, Rohtas in connection with Dhaudadh P.S. Case No.102 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

The application stands allowed.

It is made clear that the learned trial Court after accepting the provisional bail bond of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is

Patna High Court CR. MISC. No.5529 of 2026(2) dt.03-02-2026 3/3

found that petitioner has antecedent of more than one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedent of only one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

At this stage, learned counsel for the petitioner, based on instruction, submits that petitioner undertakes to deposit an amount of Rs.2500/- with High Court Legal Services Committee, Patna within a period of two weeks from today.

(Satyavrat Verma, J)

Sanjay/-

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