Patna High Court
Arvind Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions.
Summary
Arvind Kumar Yadav applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 30(a), 41(1) and 41(2) of the Excise Act, alleging that liquor was recovered from a house and from a truck he owned. The petitioner argued that he had a clean antecedent, was not arrested at the spot, had no conscious possession of the liquor, and was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail. The Patna High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to the conditions of Section 438(2) CrPC and verification of his antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail may be withdrawn; otherwise, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in the present facts.
- Whether ownership of the vehicle used in the alleged offence precludes grant of anticipatory bail.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(1), 41(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10352 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
Arvind Kumar Yadav, son of Late Hari Yadav Resident Of Village- Auakauna
Po -Sherghati Ps- Amas District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar Jha
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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
Sections 30(a), 41(1) and 41(2) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 24.7 litres of liquor from newly constructed
house of Ranjeet Jha and 26.25 litres of liquor from a truck and
a motorcycle was seized.
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 he has no concern
or relation with Ranjeet and he came to be implicated based on
Patna High Court CR. MISC. No.10352 of 2026(2) dt.15-04-2026
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the fact that he is owner of the seized truck. It is next submitted
that no prudent person would use his own vehicle for
committing a crime and thus, would create evidence against
himself and hence, would get implicated. It is further submitted
that petitioner was completely unaware that his driver would
misuse the vehicle in the manner as alleged who also fled from
the spot.
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.500/- (Rupees Five Hundred) 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
Ujiyarpur P. S. Case No.278 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 petitioner shall verify
Patna High Court CR. MISC. No.10352 of 2026(2) dt.15-04-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even 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 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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