Patna High Court
Satish Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent, under Section 438(2) of the CrPC.
Summary
The petitioner, Satish Kumar Yadav, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2022 for alleged recovery of 230.600 litres of liquor from two scooties. He argued that he had no prior criminal record, was not in possession of the liquor at the time of arrest, and was only linked to the case because he owned one of the vehicles used by another accused, Masoom Ali. The State opposed the bail, contending the seriousness of the offences. The Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of his antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person accused of offences under the Bihar Prohibition and Excise Act, 2022.
- Whether ownership of a vehicle used in the alleged offence constitutes sufficient ground to deny anticipatory bail.
- Whether the petitioner’s clean criminal antecedent influences the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- excise offences
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60913 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- Raghunathpur Excise District- Siwan
======================================================
Satish Kumar Yadav S/o Bharat Yadav Resident of vill- Jayjori, Nandpur
Amwari, P.S.-Raghunathpur, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 Sections 30(a) and
32(3) of the Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 230.600 litres of liquor from two different Scooty.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of one of the seized vehicles. It is next submitted that no
prudent person would use his own vehicle for committing an
occurrence and thus would create evidence against himself and
Patna High Court CR. MISC. No.60913 of 2025(3) dt.06-01-2026
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hence would get implicated. It is also submitted that petitioner
was completely unaware that Masoom Ali would misuse the
vehicle in the manner as alleged who was also apprehended
from the spot.
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, let 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.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
Raghunathpur Excise P.S. Case No. 68 of 2025, subject to the
conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
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confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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