Patna High Court
Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedent and compliance with bail conditions.
Summary
Shankar Yadav applied for anticipatory bail anticipating arrest in a case under Sections 30(a) and 32(3) of the Excise Act for allegedly recovering liquor concealed in a vegetable field adjacent to his house. He asserted a clean criminal record and argued that the alleged contraband was not found in his conscious possession. The State opposed the bail. The Patna High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 each with two sureties and deposit Rs.1,500 with the Advocates’ Association. The court directed the trial court to verify his antecedent and confirm the bail if no prior case is found, otherwise the bail would be cancelled. The application was allowed, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences under the Excise Act.
- Whether the alleged recovery of liquor, not in the petitioner's conscious possession, justifies denial of bail.
- Whether the petitioner's claim of a clean antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- clean antecedent
- bail bonds
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6102 of 2026
Arising Out of PS. Case No.-1365 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Shankar Yadav S/O Shyam Lal Yadav R/O Village - Ahmad Nagar, P.S-
Jamhor, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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
Sections 30(a) and 32(3) 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 23.4 litres of liquor along with 5.600 litres of
spirit concealed under straw in a vegetable field near the house
of the petitioner.
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 even alleged
recovery is from a place, which does not belong to the
Patna High Court CR. MISC. No.6102 of 2026(2) dt.03-02-2026
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petitioner, but then, is adjacent to his house and he came to be
implicated based on secret information, which is the easiest way
to implicate someone without holding a proper investigation,
when admittedly petitioner 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
Town Excise P. S. Case No.1365 of 2025, 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
Patna High Court CR. MISC. No.6102 of 2026(2) dt.03-02-2026
3/3
anticipatory bail had concealed his 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
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.1500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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