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Patna High Court

Aankit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail, granting provisional bail subject to conditions and verification of antecedents.

Summary

The petitioners, Aankit Yadav and Papu 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 allegedly recovering 108 litres of liquor from a motorcycle. They argued that they were not arrested at the spot, no liquor was found in their conscious possession, and the informant’s name was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 each with two sureties, subject to verification of their criminal antecedents. The court clarified that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC for alleged offences under Section 30(a) of the Excise Act.
  • Whether the absence of recovery from conscious possession and the omission of the informant’s name in the FIR affect the grant of bail.
  • Whether the petitioners' criminal antecedents should influence the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • Section 30(a)
  • provisional bail
  • criminal antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45449 of 2026
                    Arising Out of PS. Case No.-10 Year-2026 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
           1.     Aankit Yadav Son of Ramashish Yadav Resident of Village- Harpur PS-
                  Mirganj, Dist- Gopalganj
           2.    Papu Yadav Son of Saryu Yadav Resident of village- Madarwani, Ps-
                 Phulwariya, Dist- Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Deepankar Raj
                 For the Opposite Party/s :       Mr.Madan Kumar- A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-07-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioners have antecedent of one case under the Excise Act

                   and allegation is of recovery of 108 litres of liquor from a

                   motorcycle.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and are not the owner
Patna High Court CR. MISC. No.45449 of 2026(2) dt.09-07-2026
                                            2/3




          of the seized motorcycle and they came to be implicated at the

          instance of local person, but the name of the person, who

          disclosed the name of the petitioners is not disclosed in the

          F.I.R., which casts an aspersion on the case of the prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.5,000/- (Rupees Five Thousand) each 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 Phulwariya P. S. Case No.10 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 petitioners shall

          verify the criminal antecedent of the petitioners and in the event,

          if it is found that petitioners have antecedent of more than one

          case, then it would be presumed that petitioners for the purposes
               Patna High Court CR. MISC. No.45449 of 2026(2) dt.09-07-2026
                                                           3/3




                         of obtaining anticipatory bail had concealed their 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 petitioners have antecedent of one

                         case only, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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