Patna High Court
Kishan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to petitioner No.2 subject to conditions and dismissed the petition as withdrawn for petitioner No.1.
Summary
The petitioners sought anticipatory bail in a criminal case arising from PS Kuchaikote, Gopalganj. Petitioners' counsel requested withdrawal of the anticipatory bail application for petitioner No.1, Kishan Yadav, who had already been arrested; the court granted this withdrawal. The second petitioner, Amarjeet Yadav, applied for anticipatory bail under Section 438 of the Cr.P.C. for alleged offences under Section 30(a) of the Excise Act, claiming a clean antecedent and that the alleged liquor recovery was from land adjacent to his house. The State opposed the bail. The court allowed provisional anticipatory bail for petitioner No.2, subject to a bail bond of Rs.500 with two sureties and verification of his antecedent, directing that the bail be confirmed only if no prior cases are found.
Issues considered
- Whether the anticipatory bail application for petitioner No.1 can be withdrawn after his arrest
- Whether petitioner No.2 is entitled to anticipatory bail under Section 438 Cr.P.C. for alleged offences under Section 30(a) Excise Act
- Whether the petitioner’s clean antecedent and circumstances of alleged recovery justify grant of bail
Legislation cited
- Criminal Procedure Code — s. 438
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- bail conditions
- clean antecedent
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30798 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
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1. Kishan Yadav S/o Ramchandra Yadav R/o Village - Shitalbardaha, P.S -
Kuchaikote, District - Gopalganj, Bihar
2. Amarjeet Yadav S/o Kisan Yadav R/o Village - Shitalbardaha, P.S -
Kuchaikote, District - Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Kumar
For the Opposite Party/s : Mr.Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The learned counsel for the petitioners seeks
permission to withdraw the present anticipatory bail application
with respect to petitioner no.1, Kishan Yadav, who during the
pendency of the anticipatory bail application, was arrested.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as
withdrawn with respect to petitioner no.1, Kishan Yadav.
5. The petitioner no.2 seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
Patna High Court CR. MISC. No.30798 of 2026(2) dt.07-05-2026
2/3
6. The learned counsel for the petitioner submits that
the petitioner no.2 is a person with clean antecedent and
allegation is of recovery of 17.640 litres of liquor from a
sugarcane field behind the house of petitioner.
7. 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
but then is adjacent to his house as such he came to be
implicated at the instance of Chaukidar with whom his father is
on an inimical term. It is further submitted that if Chaukidar was
aware of the involvement of the petitioner 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 petitioner is a person with clean
antecedent.
8. Learned A.P.P. opposes the anticipatory bail
application.
9. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.2, 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
Patna High Court CR. MISC. No.30798 of 2026(2) dt.07-05-2026
3/3
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
Kuchaikote P. S. Case No.18 of 2026, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
10. The application stands allowed.
11. It is made clear that the learned trial Court
after accepting the provisional bail bonds of the petitioner no.2
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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