Patna High Court
Domi YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail should be granted subject to verification of the petitioner’s antecedent and compliance with the conditions of Section 438(2) Cr.P.C.
Summary
Domi Yadav applied for anticipatory bail in a case alleging offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, involving the alleged recovery of 198 litres of liquor from his motorcycle. The petitioner argued that the case diary had not been produced, he had a clean antecedent, and he was not in possession of the liquor as it was allegedly used by his driver who fled the scene. The State opposed the bail. The Patna High Court, noting the lack of a case diary and the petitioner’s clean record, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C., directing the trial court to verify his antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted in the absence of the case diary.
- Whether the petitioner’s clean antecedent and lack of direct possession justify granting anticipatory bail.
- Whether the conditions prescribed under Section 438(2) of the Criminal Procedure Code are satisfied.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- clean antecedent
- liquor seizure
- provisional bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29172 of 2026
Arising Out of PS. Case No.-260 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Domi Yadav Son of Gudari Yadav Resident of village - Mauahi, P.O.-
Bhatsimar, P.S.- Rajnagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 17-06-2026 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 274 and 275 of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
by order dated 06.05.2026, the case diary was called for but the
same till date has not been received.
4. The Court will not wait endlessly for the case diary.
5. It is next submitted that the petitioner is a person
with clean antecedent and allegation is of recovery of 198 litres
of liquor from a motorcycle.
6. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29172 of 2026(3) dt.17-06-2026
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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
evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
his driver would misuse the vehicle in the manner as alleged
who also fled from the spot.
7. Learned A.P.P. opposes the anticipatory bail
application.
8. 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
Basopatti P. S. Case No.260 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
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10. 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 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
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