Patna High Court
Rohit YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their criminal antecedents.
Summary
The petitioners, Rohit Yadav and Manav Yadav, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of illicit liquor. They argued that they were not arrested at the spot, the alleged liquor was recovered from public land, and the complaint was filed by a hostile watchman, casting doubt on the prosecution's case. The State opposed the bail, citing their prior criminal antecedents under the Excise Act. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to verification of their criminal antecedents. The order stipulated that if the petitioners have more antecedent cases than disclosed, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC for alleged offences under Section 30(a) of the Excise Act.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- criminal antecedent
- bail conditions
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10071 of 2026
Arising Out of PS. Case No.-589 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
1. Rohit Yadav S/o- Sikandar Yadav Village- Oknama, Police Station-
Deepnagar, District- Nalanda
2. Manav Yadav S/o- Naresh Yadav Village- Oknama, Police Station-
Deepnagar, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Mukherjee
For the Opposite Party/s : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of two cases under the Excise
Act and petitioner no.2 has antecedent of one case under the
Excise Act and the allegation is of recovery of 50 litres of liquor
from bushes at Gunjachak Khandha and 15 litres of liquor from
different bushes at Teliya Khandha at village Okinawa.
4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.10071 of 2026(3) dt.16-03-2026
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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
petitionerd and is accessible to public at large and they came to
be implicated at the instance of Chaukidar with whom they are
on an inimical term. It is further submitted that if Chaukidar was
aware of the involvement of the petitioners in the occurrence,
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution. 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 a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.10071 of 2026(3) dt.16-03-2026
3/3
Trial Court where the case is pending/ successor Court in
connection with Deepnagar P. S. Case No.589 of 2025, 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 petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of more than
two cases and petitioner no.1 has antecedent of more than one
case, then it would be presumed that petitioners for the purposes
of obtaining anticipatory bail had concealed their 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 no.1 has antecedent of
two cases only and petitioner no.1 has antecedent of one case
only, in that event, the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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