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Patna High Court

Satish Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.60913 of 2025(3) dt.06-01-2026
                                                       3/3




                     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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