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Patna High Court

Ram Pukar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of his criminal antecedent.

Summary

The petitioner, Ram Pukar Yadav, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic and Smuggling (BNS) Act and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the liquor was recovered from a motorcycle not in his possession and that he was not the vehicle's owner. The petitioner argued that the prosecution’s case was weak, citing lack of disclosure of the informant’s name in the FIR and a pattern of mechanical implicating by police without proper investigation. The State opposed the bail, contending that the offences were serious and the petitioner had prior excise cases. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedent within six weeks. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed, whereas confirmation would follow if only two prior cases are verified. The petitioner also undertook to deposit Rs.5,000 with the Patna High Court Advocate Association.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Criminal Procedure Code in the present case
  • Whether the presence of prior excise cases affects the grant of anticipatory bail
  • Whether the lack of seizure from the petitioner’s conscious possession and non‑ownership of the vehicle warrants bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • excise offences
  • criminal antecedent
  • bond and sureties
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3654 of 2026
                   Arising Out of PS. Case No.-449 Year-2025 Thana- KESARIA District- East Champaran
                 ======================================================
                 Ram Pukar Yadav S/O Raghunath Rai R/O Village- Kadhan No. 10, P.S.-
                 Kesariya, Distt.- East Champaran.
                                                                       ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 274 and

                   275 of the BNS as well as Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 60 litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated at the instance of the local person but then the

                   name of the person who disclosed the name of the petitioner is
Patna High Court CR. MISC. No.3654 of 2026(2) dt.29-01-2026
                                            2/3




          not disclosed in the FIR which casts an aspersion on the case of

          the prosecution. It is next submitted that once an accused is

          implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees Ten 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 Kesariya

          P.S. Case No. 449 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than two cases,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.3654 of 2026(2) dt.29-01-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.5,000/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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