Patna High Court
Munna YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C.
Summary
Munna Yadav applied for anticipatory bail under Section 438 of the Cr.P.C. after being implicated in a case under Section 30(a) of the Excise Act for allegedly recovering 93 litres of liquor from his auto. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail, contending that the vehicle was used to commit the offence. The Court considered the petitioner’s lack of conscious possession and clean record, and directed that he be released on provisional anticipatory bail upon furnishing bail bonds and sureties. The order was made subject to verification of his antecedents by the trial court, with the bail to be confirmed if no prior cases are found. The application was allowed, granting provisional anticipatory bail with specified conditions.
Issues considered
- Whether anticipatory bail can be granted when the accused is the owner of the vehicle used in the alleged excise offence but claims no conscious possession of the contraband.
- Whether the petitioner’s clean antecedent and lack of direct involvement justify the grant of anticipatory bail under Section 438 Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Section 438
- clean antecedent
- vehicle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3847 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- KATORIYA District- Banka
======================================================
Munna Yadav S/O Mahendra Yadav Resident of Village- Badladih, P.S.-
Katoriya, Dist.- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh
For the Opposite Party/s : Ms.Asha Kumari
======================================================
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 is a person with clean antecedent and allegation is
of recovery of 93 litres of liquor from an auto.
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 he came to be
implicated based on the fact that he is owner of the seized auto.
It is next submitted that no prudent person would use his own
vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.3847 of 2026(2) dt.29-01-2026
2/3
against himself and hence, would get implicated. It is further
submitted that petitioner was completely unaware that his driver
would misuse the vehicle in the manner as alleged who also fled
from the spot.
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.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
Katoriya P. S. Case No.151 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.3847 of 2026(2) dt.29-01-2026
3/3
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.
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.1500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…