Patna High Court
Sikandar Yadav @ Sikandar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail, subject to conditions and verification of antecedents.
Summary
The petitioners, three residents of Bhagwanpur Devarsaukhi, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 300 litres of liquor from a mustard field near the Punpun river. They contended that they were not arrested at the spot, no liquor was found in their possession, and the recovery was based on secret information and a mechanical confessional statement, arguing that the police often implicate innocent persons. The State opposed the bail. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs. 35,000 each with two sureties, subject to verification of their criminal antecedents. The order stipulated that if the antecedent verification shows more cases than disclosed, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to the petitioners accused of offences under Section 30(a) of the Excise Act.
- Whether the petitioners' 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 CrPC
- Excise Act
- liquor seizure
- criminal antecedent
- provisional bail
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10337 of 2026
Arising Out of PS. Case No.-770 Year-2018 Thana- FATUA District- Patna
======================================================
1. Sikandar Yadav @ Sikandar Kumar S/O Late Jaglal Yadav R/O Village-
Bhagwanpur Devarsaukhi, P.S- Fatuha, Distt.- Patna.
2. Chotu Kumar S/O Jhauri Singh @ Jhauri Yadav R/O Village- Bhagwanpur
Devarsaukhi, P.S- Fatuha, Distt.- Patna.
3. Suraj Kumar S/O Jhauri Singh @ Jhauri Yadav R/O Village- Bhagwanpur
Devarsaukhi, P.S- Fatuha, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sushant Pratap Singh
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of seven cases out of which
six cases are under the Excise Act, petitioner no.2 has
antecedent of seven cases out of which five cases are under the
Excise Act and petitioner no.3 is a person with clean antecedent
and the allegation is of recovery of 300 litres of liquor from a
Patna High Court CR. MISC. No.10337 of 2026(2) dt.15-04-2026
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mustard field near Punpun river.
4. The 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
petitioners and is accessible to public at large and they came to
be implicated 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
a proper investigation. It is also submitted that petitioners in
similar manner earlier also came to be implicated in cases
relating to excise.
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. 35,000/- (Rupees Thirty Five Thousand) each
Patna High Court CR. MISC. No.10337 of 2026(2) dt.15-04-2026
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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 Fatuha P. S. Case No.770 of 2018,
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 nos.1 and 2 have antecedent of more
than seven cases and petitioner no.3 has antecedent of even 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 nos.1 and 2 have
antecedent of seven cases only and petitioner no.3 is a person
with clean antecedent, in that event, the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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