Patna High Court
Kallu Yadav @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Kallu Yadav, 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 alleged recovery of 12 litres of liquor from a location behind another person’s house. The petitioner claimed he has a clean antecedent, was not arrested, and had no possession of the liquor, arguing that the alleged recovery occurred at a place not belonging to him and that the informant’s identity was omitted from the FIR. The State opposed the bail. The 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 verification of his criminal antecedent. The court warned that if any antecedent is discovered, the bail may be revoked; otherwise, the provisional order will be confirmed. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act when the accused has not been arrested and claims no possession of the contraband.
- Whether the absence of the informant’s name in the FIR and the petitioner’s clean antecedent justify granting 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
- clean antecedent
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1499 of 2026
Arising Out of PS. Case No.-500 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Kallu Yadav @ Rohit Kumar S/o Dharamveer Yadav @ Dharamvir R/o
Village - Pani Tanki Kali Mandir, P.S - Khajekalan, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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 is a person with clean antecedent and allegation is
of recovery of 12 litres of liquor from a place behind the house
of Munna ji.
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 he has no concern or relation with Munna, but then, he
Patna High Court CR. MISC. No.1499 of 2026(2) dt.21-01-2026
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came to be implicated at the instance of local person, but the
name of the person, who disclosed the name of the petitioner is
not disclosed in the F.I.R., which casts an aspersion on the case
of the prosecution, when admittedly petitioner is a person with
clean antecedent.
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
Khajekalan P. S. Case No.500 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
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.1499 of 2026(2) dt.21-01-2026
3/3
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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