Patna High Court
Ajay Yadav @ Ajay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.
Summary
The petitioner, Ajay Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Sections 30(a), 32, 33, 36 and 41(i) of the Excise Act, alleging recovery of 6,000 litres of spirit from four vehicles. He argued that he was not arrested on the spot, had no possession of the seized goods, and was not the owner of the vehicles, contending that the case was based on secret information. The State opposed the bail, highlighting the petitioner’s antecedent of eight prior excise cases. The Court, after considering the submissions, directed the petitioner to be released on provisional anticipatory bail upon furnishing a bail bond of Rs.40,000 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if more than eight prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in view of the alleged offences under the Excise Act and his prior criminal antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32, 33, 36, 41(i)
Subjects
- anticipatory bail
- Excise Act offences
- Section 438 CrPC
- bail bond
- criminal antecedent
- spirit recovery
- East Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12676 of 2026
Arising Out of PS. Case No.-294 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- East Champaran
======================================================
Ajay Yadav @ Ajay Kumar Yadav S/o Late Gaurishankar Yadav Resident of
village - Mathiya, P.S.- Kotwa, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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), 32, 33, 36 and 41(i) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of eight cases under the Excise Act
and allegation is of recovery of 6000 litres of spirit from four
different vehicles.
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 is not the owner of
any of the seized vehicles and he came to be implicated based
Patna High Court CR. MISC. No.12676 of 2026(2) dt.09-03-2026
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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
next submitted that petitioner in similar also came to be
implicated earlier in different excise cases
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.40,000/- (Rupees Forty 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 Excise P. S. Case No.294 of 2020, 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.12676 of 2026(2) dt.09-03-2026
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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 eight 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 eight cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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