Patna High Court
Satish Kumar Yadav @ Satish YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties and verification of criminal antecedent.
Summary
The petitioner, Satish Kumar Yadav, applied for anticipatory bail anticipating arrest in a case under Sections 30(a) and 32(3) of the Excise Act concerning the alleged recovery of 103.680 litres of liquor from his Bolero car. He argued that he was not present at the spot, had no conscious possession of the liquor, and was implicated merely as the owner of the vehicle, with the driver allegedly misusing it. The State opposed the bail. The court noted the absence of the case diary and report but refused to wait indefinitely, and considered the petitioner’s prior single case under the Excise Act. It granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties and compliance with Section 438(2) CrPC, directing the trial court to verify the petitioner’s criminal antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted when the accused is alleged owner of a vehicle used in the alleged offence but not in possession of the contraband
- Whether the non‑production of the case diary and antecedent report should preclude anticipatory bail
- How the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- vehicle seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29491 of 2026
Arising Out of PS. Case No.-475 Year-2024 Thana- Excise P.S. District- Siwan
======================================================
Satish Kumar Yadav @ Satish Yadav S/O Late Bharat Yadav Resident of
Village - Sonbarsa, P.S. - Andar, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
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
Section 30(a) and 32(3) of the Excise Act.
3. The learned counsel for the petitioner submits that
the case was taken up on 06.05.2026, when case diary along
with antecedent report from the District Transport Offic was
called for, but the same till date has not been received.
4. The Court will not wait endlessly for the case diary
and the report.
5. 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 103.680 litres of liquor from a
Patna High Court CR. MISC. No.29491 of 2026(3) dt.17-06-2026
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Bolero car.
6. 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 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.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 Siwan Excise P. S. Case No.475 of 2024, subject to the
Patna High Court CR. MISC. No.29491 of 2026(3) dt.17-06-2026
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conditions laid down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
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 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 only
one case, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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