Patna High Court
Pavan Yadav @ Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions of Section 438(2) Cr.P.C.
Summary
The petitioner, Pavan Yadav, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act concerning the alleged recovery of 265 litres of liquor from a bamboo orchard. He has three prior cases under the Excise Act and argues that the liquor was not recovered from his possession and that the informant’s identity is omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs 15,000 with two sureties, subject to Section 438(2) of the Cr.P.C. The court also stipulated that the trial court must verify the petitioner’s criminal antecedent; if more than three prior cases are found, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. despite his prior three Excise Act cases.
- Whether the absence of recovery from the petitioner’s possession and the non‑disclosure of the informant in the FIR affect the grant 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.29890 of 2026
Arising Out of PS. Case No.-220 Year-2025 Thana- HATHUA District- Gopalganj
======================================================
Pavan Yadav @ Pawan Yadav S/O Dev Saran Yadav Resident of Village-
Majhwaliya Tola, Bhawani Asthan, P.S. - Ashaw, 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
2 06-05-2026 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 three cases under the Excise Act
and allegation is of recovery of 265 litres of liquor from a
bamboo orchard.
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
and he came to be implicated at the instance of local person, but
Patna High Court CR. MISC. No.29890 of 2026(2) dt.06-05-2026
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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, but then, it is 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. It is also submitted that petitioner earlier
in similar manner came to implicated in cases relating to excise.
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.15,000/- (Rupees Fifteen 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 Hathua P. S. Case No.220 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.29890 of 2026(2) dt.06-05-2026
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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 three 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 three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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