Patna High Court
Alok Yadav @ Alok Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s clean antecedent and lack of possession, provisional anticipatory bail may be granted subject to verification of antecedent under Section 438(2) Cr.P.C.
Summary
Alok Yadav applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Excise Act for alleged recovery of 864 litres of liquor from a vehicle. The petitioner argued that he has a clean antecedent, was not arrested at the spot, did not have the liquor in his conscious possession, and is not the owner of the seized vehicle. The State opposed the bail. The court, noting the lack of arrest, the petitioner’s clean record and the absence of direct possession, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties, subject to verification of his antecedent. The order directs the trial court to confirm the bail if the petitioner is found to have no prior cases, and to cancel it if any antecedent is discovered. The application was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in the alleged Excise Act offence
- Whether the petitioner’s clean antecedent and lack of possession justify granting bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- clean antecedent
- provisional bail
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42088 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- JIRADEI District- Siwan
======================================================
Alok Yadav @ Alok Kumar Yadav S/o Ramakant Yadav Resident of Village -
Ruiya Bangra, P.S. - Jiradei, 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.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 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 864 litres of liquor from a Scorpio vehicle.
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 is not the owner of
the seized vehicle and he came to be implicated at the instance
of local person, but the name of the person, who disclosed the
name of the petitioner is not disclosed in the F.I.R., which casts
Patna High Court CR. MISC. No.42088 of 2026(2) dt.30-06-2026
2/3
an aspersion on the case of the prosecution, when petitioner has
not been implicated based on secret information and is a person
with clean antecedent.
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
Jiradei P. S. Case No.65 of 2026, 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
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.42088 of 2026(2) dt.30-06-2026
3/3
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/-
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