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Patna High Court

Yuvraj Kumar @ Bunty KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail bonds, sureties and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Yuvraj Kumar, applied for anticipatory bail under Section 438 of the CrPC in connection with alleged offences under IPC Sections 272, 273 and 34 and Section 30(a) of the Excise Act, relating to the alleged recovery of 79.02 litres of liquor. The petitioner claimed he was not in possession of the liquor, that the recovery was from a place not owned by him, and that a watchman, who had a personal dispute with the petitioner's brother, falsely implicated him. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to the conditions of Section 438(2) CrPC and verification of his criminal antecedent. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent case is found, the bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences under the IPC and Excise Act.
  • Whether the petitioner’s alleged lack of possession and claim of false implication by a watchman merit the grant of bail.
  • Whether the petitioner’s criminal antecedent, if more than one case, should affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC offences
  • Excise Act
  • bail conditions
  • criminal antecedent
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24074 of 2026
                       Arising Out of PS. Case No.-191 Year-2023 Thana- MAHUA District- Vaishali
                 ======================================================
                 Yuvraj Kumar @ Bunty Kumar S/O Pramod Singh @ Suneel Kumar R/O
                 Village- Madhopur, P.S- Mahua, Distt.- Vaishali.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Eashita Raj
                 For the Opposite Party/s :       Mr.Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  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

                   Section 272, 273 and 34 of the I.P.C. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 79.02 litres of liquor from a

                   place near a poultry farm.

                                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
Patna High Court CR. MISC. No.24074 of 2026(2) dt.17-04-2026
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          and he came to be implicated at the instance of Chaukidar with

          whom his brother is on an inimical term. It is further submitted

          that if Chaukidar was aware of the involvement of the petitioner

          in the occurrence, then why he did not inform the police prior to

          institution of the present F.I.R., which casts an aspersion on the

          case of the prosecution. It is also submitted that it appears that

          Chaukidar in order to coerce his brother into submission falsely

          implicated the petitioner.

                       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.5,000/- (Rupees Five 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 Mahua P. S. Case No.191 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
               Patna High Court CR. MISC. No.24074 of 2026(2) dt.17-04-2026
                                                           3/3




                         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 more than 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 has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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