Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Sanjay Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 14,400 litres of liquor. He argued that he was not arrested at the scene, the liquor was not in his possession, and the recovery took place at a public location, suggesting he was being implicated by a hostile watchman. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior criminal record of three cases, one of which is also under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.15,000 with two sureties, subject to Section 438(2) conditions. The order also stipulated verification of the petitioner’s criminal antecedents, with confirmation of bail contingent on the finding that he has no more than three prior cases. The application for anticipatory bail was therefore allowed.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 CrPC to a person accused of an offence under Section 30(a) of the Excise Act?
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- bail bond
- criminal antecedent
- pre‑arrest bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3692 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
Sanjay Yadav S/O Late Ravi Yadav R/O Village- Jaraila, Ward No. 7, P.s.-
Triveniganj, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 out of which one is
under the Excise Act and allegation is of recovery of 14.400
litres of liquor from a place near a community centre.
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 is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.3692 of 2026(2) dt.29-01-2026
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at the instance of Chaukidar with whom he is on an inimical
term. It is next 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.
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 Triveniganj P. S. Case No.279 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
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,
Patna High Court CR. MISC. No.3692 of 2026(2) dt.29-01-2026
3/3
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.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.5,000/- with
Lawyers’ Association, Patna High Court, Patna within a period
of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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