Patna High Court
CR. MISC./46515/2026 of Viru Yadav @ Jamuna Yadav @ Yamuna Yadav Vs The State of Bihar on 15 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46515 of 2026 Arising Out of PS. Case No.-35 Year-2026 Thana- YADOPUR District- Gopalganj ====================================================== Viru Yadav @ Jamuna Yadav @ Yamuna Yadav S/o Babulal Yadav Resident of Village- Durg Matihiniya,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46515 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- YADOPUR District- Gopalganj ======================================================
Viru Yadav @ Jamuna Yadav @ Yamuna Yadav S/o Babulal Yadav Resident of Village- Durg Matihiniya, P.S.- Vishambharpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Javed Aslam
For the Opposite Party/s :
Mr.Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
15-07-2026
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 offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases under the Excise Act and allegation is of recovery of 53.995 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on confessional statement of Gulab in police custody which does Patna High Court CR. MISC. No.46515 of 2026(2) dt.15-07-2026
not have any evidentiary value. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.
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, 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. 10,000/- (Rupees Ten 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 Yadopur P.S. Case No. 35 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than two cases then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be Patna High Court CR. MISC. No.46515 of 2026(2) dt.15-07-2026
confirmed, but after verification if it is found that petitioner has antecedent of two cases in that event the provisional anticipatory bail order shall be confirmed forthwith.
Sumit/- (Satyavrat Verma, J) U T