Patna High Court
Sitaram YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his criminal antecedent.
Summary
The petitioner, Sitaram Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 51,400 litres of liquor from a public place. He argued that he was not arrested at the spot, no liquor was found in his possession, and the recovery was based on secret information, suggesting a possible false implication. The State opposed the bail, citing the petitioner’s antecedent of four prior cases, three of which were also under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.20,000 with two sureties, subject to the conditions of Section 438(2) CrPC. The order also stipulated verification of the petitioner’s criminal antecedent, with the provisional bail to be confirmed only if the antecedent does not exceed four cases.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given his prior criminal antecedents and the nature of the alleged offence under the Excise Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- pre‑trial release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10015 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- SRINAGAR District- West Champaran
======================================================
Sitaram Yadav S/o Anirudh Yadav R/o- Singahai Surajpur, P.S.- Srinagar,
District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases out of which three
cases are under the Excise Act and allegation is of recovery of
51.400 litres of liquor from a bush.
4. The 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 alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.10015 of 2026(2) dt.23-02-2026
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based on secret information, which is the easiest way to
implicate someone. It is next submitted that police in majority
of cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding proper
investigation. It is next submitted that petitioner earlier also
came to be implicated in similar manner.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.20,000/- (Rupees Twenty 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 Srinagar P. S. Case No.09 of 2026, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.10015 of 2026(2) dt.23-02-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than four cases,
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 four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
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