Patna High Court
Bhutay Yadav @ Rajendra Yadav @ Bhutaya YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their antecedent.
Summary
The petitioners, Bhutay Yadav and Chandan Kumar, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 210 litres of liquor from a public area. They argued they have clean antecedents, were not arrested at the scene, and that the complaint was motivated by an inimical watchman. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties each, subject to verification of their criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC for the alleged offence under Section 30(a) of the Excise Act.
- Whether the petitioners' lack of arrest at the spot and alleged clean antecedent justify granting bail.
- Whether the condition of verifying criminal antecedent before confirming bail is appropriate.
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
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26349 of 2026
Arising Out of PS. Case No.-396 Year-2025 Thana- PIPRA District- Supaul
======================================================
1. Bhutay Yadav @ Rajendra Yadav @ Bhutaya Yadav S/o Late Shivnandan
Yadav R/o Village- Sakhua, P.S- Pipra, Dist- Supaul.
2. Chandan Kumar @ Chandan Yadav S/o Bhutay Yadav @ Rajendra Yadav @
Bhutaya Yadav R/o Village- Sakhua, P.S- Pipra, Dist- Supau.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun .
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 210 litres of liquor along with other
article as detailed in the FIR from a place near bank of Tilave
river.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.26349 of 2026(2) dt.22-04-2026
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recovered from their conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
at the instance of Chaukidar with whom he is on an inimical
term. It is further submitted that if Chaukidar was aware of the
involvement of the petitioners 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, when
admittedly petitioners are persons with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each 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 S.T. No.1204 of 2025 arising out of Pipra P. S.
Case No.396 of 2025, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.26349 of 2026(2) dt.22-04-2026
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7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners are persons 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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