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Patna High Court

Shankar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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