Patna High Court
Sanjay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent, with confirmation contingent on the number of prior cases.
Summary
The petitioner, Sanjay Yadav, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 126 litres of liquor from a motorcycle. He argued that he was not arrested at the spot, the seized vehicle was not his, and the case was based solely on secret information without proper investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 25,000 with two sureties and a condition that the trial court verify his criminal antecedent. The court stipulated that if the petitioner is found to have more than five prior excise cases, the bail would not be confirmed; if exactly five, it would be confirmed. The petitioner also undertook to deposit Rs. 5,000 with the Advocates’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
- Whether the existence of five prior cases under the Excise Act precludes the grant of anticipatory bail.
- Whether reliance on secret information without a proper investigation justifies denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a) Bihar Excise Act
- Section 482(2) CrPC
- secret information
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4095 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- NAUTAN District- Siwan
======================================================
Sanjay Yadav Son of Subhash Yadav Resident of Village - Chitmath, P.S. -
Mairwa, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 126 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on secret
information which is the easiest way to implicate someone. It is
Patna High Court CR. MISC. No.4095 of 2026(2) dt.29-01-2026
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further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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, 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.
25,000/- (Rupees Twenty-five 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
Nautan P.S. Case No. 106 of 2025, subject to the conditions as
laid down under Section 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
in the event if it is found that petitioner has antecedent of more
than five cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.4095 of 2026(2) dt.29-01-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 5,000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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