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Patna High Court

Kishan YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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The court granted anticipatory bail to petitioner No.2 subject to conditions and dismissed the petition as withdrawn for petitioner No.1.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  • Whether the anticipatory bail application for petitioner No.1 can be withdrawn after his arrest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

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
                 ======================================================
           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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