Patna High Court
Madan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of his antecedent.
Summary
The petitioner, Madan Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging violation of Sections 30(a) and 32(3) of the Excise Act for the alleged recovery of 86.4 litres of liquor from a pick‑up vehicle he owned. He argued that he had a clean antecedent, was not present at the spot of seizure, and that the vehicle was a commercial hire vehicle rented to a third party, thus he had no knowledge of its misuse. The State opposed the bail, contending that the petitioner was implicated by virtue of ownership of the vehicle. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent and compliance with Section 438(2) conditions. The order further stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case arising under the Excise Act.
- Whether ownership of the vehicle, without possession at the time of seizure, suffices to justify denial of bail.
- What conditions must be imposed on the provisional anticipatory bail pending verification of the petitioner's antecedent.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- Excise Act
- liquor seizure
- commercial vehicle
- clean antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20616 of 2026
Arising Out of PS. Case No.-277 Year-2023 Thana- MANSI District- Khagaria
======================================================
Madan Yadav Son of Umesh Yadav Resident of village- Tikarampur Bihari
Marar tola, Ps- Muffasil, Dist- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Budhilal Yadav
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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
Sections 30(a) and 32(3) 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 86.4 litres of liquor from a pick-up vehicle.
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 came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.20616 of 2026(2) dt.31-03-2026
2/3
evidence against himself and hence, would get implicated and at
the same time shall bring disrepute to his business. It is further
submitted that the vehicle is a commercial vehicle and was
given on rent to Dheeraj and as such, was not aware that the
vehicle was misused in the manner as alleged.
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
Mansi P. S. Case No.277 of 2023, 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.20616 of 2026(2) dt.31-03-2026
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
Checking your session…