Patna High Court
Satrudhan Yadav @ Satrughan Yadav @ Lucky YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted under Section 438 Cr.P.C. despite the petitioner’s five prior cases, provided bail bonds are furnished and the trial court verifies the antecedent.
Summary
Satrudhan Yadav applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with an alleged offence under Section 30(a) of the Excise Act involving the alleged recovery of 111.750 litres of liquor from a bush near his house. The petitioner, who has five prior criminal cases, argued that he was not arrested, no liquor was found in his possession, and the case was based on secret information. The State opposed the bail. The Court considered the lack of arrest, absence of seized possession, and the petitioner’s antecedent, and directed that provisional anticipatory bail be granted upon furnishing bail bonds of Rs.25,000 with two sureties, subject to verification of his criminal antecedent. The order also stipulated that if more than five prior cases are found, the bail would not be confirmed. The application was allowed, granting provisional anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. despite his criminal antecedent
- Whether the alleged recovery of liquor and the manner of investigation justify denial of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25608 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- Arwal District- Arwal
======================================================
Satrudhan Yadav @ Satrughan Yadav @ Lucky Yadav Son of Umesh Singh
Resident of Village - Makhdumpur, Police Station - Arwal, District - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Soni Kumari
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases out of which one case
is under the Excise Act and allegation is of recovery of 111.750
litres of liquor from a bush situated near semi-constructed house
at village- Makhdumpur.
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.25608 of 2026(2) dt.21-04-2026
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and is accessible to public at large and he came to be implicated
based 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.
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.25,000/- (Rupees Twenty 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 Arwal P. S. Case No.48 of 2026, 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.25608 of 2026(2) dt.21-04-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than five 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 five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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