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Patna High Court

Bittu Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Bittu Kumar Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of 360 litres of liquor. The petitioner argued that he was not arrested at the spot, no liquor was found in his possession, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, citing the petitioner’s prior criminal record of four cases, three of which are under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.20,000 with two sureties, subject to verification of his antecedents. The order also stipulated that if more than four prior cases are discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC to a person accused under Section 30(a) of the Excise Act.
  • Whether the absence of recovered liquor in the petitioner’s possession and the omission of the informant’s name in the FIR affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • bail bond
  • criminal antecedent
  • recovery of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28276 of 2026
                   Arising Out of PS. Case No.-616 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Bittu Kumar Yadav S/o- Baldev Yadav Resident Of Village- Jiyai, Ps-
                 Muffasil, Dist- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Tiwary
                 For the Opposite Party/s :      Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  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 four cases out of which three

                   cases are under the Excise Act and allegation is of recovery of

                   360 litres of liquor from a bush situated near Batwaliya

                   government school.

                                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.28276 of 2026(2) dt.29-04-2026
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          and he 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. 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.20,000/- (Rupees Twenty 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 Siwan P. S. Case No.616 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
               Patna High Court CR. MISC. No.28276 of 2026(2) dt.29-04-2026
                                                           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 four 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 four cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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