Patna High Court
Vinod Yadav @ Vidiyo Sahab @ Vinod PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to petitioner no.1 subject to bail bonds and verification of antecedents, and allowed withdrawal of the anticipatory bail application of petitioner no.2.
Summary
The petition involved two accused, Vinod Yadav and Baiju Kumar, arrested in connection with an alleged recovery of 40 litres of liquor under Section 30(a) of the Excise Act. Baiju Kumar sought anticipatory bail but was arrested during the pendency of his application; the court permitted him to withdraw the application, resulting in dismissal of his petition. Vinod Yadav applied for anticipatory bail, arguing that the liquor was recovered from a public place and he had no possession, and that the FIR did not name the informant. The State opposed the bail. The court granted provisional anticipatory bail to Vinod Yadav, subject to a Rs.5,000 bail bond with two sureties and verification of his criminal antecedents, directing that the bail be confirmed only if he has at most one prior case.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act.
- Whether the anticipatory bail application of the second petitioner can be withdrawn after his arrest.
- Whether the lack of possession of the alleged liquor and the absence of the informant's name in the FIR affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.644 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- TELHARA District- Nalanda
======================================================
1. Vinod Yadav @ Vidiyo Sahab @ Vinod Prasad S/o Sohrai Yadav @ Sohrai
Prasad R/o Village- Bahuara, PS- Telhara, Dist- Nalanda
2. Baiju Kumar S/o Kamlesh Prasad R/o Village- Bahuara, PS- Telhara, Dist-
Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar
For the Opposite Party/s : Ms.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The learned counsel for the petitioners, at the
outset, seeks permission to withdraw the present anticipatory
bail application with respect to petitioner no.2, Baiju Kumar,
who was arrested during pendency of the anticipatory bail
application.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as
withdrawn with respect to petitioner no.2, Baiju Kumar.
5. The petitioner no.1 seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Patna High Court CR. MISC. No.644 of 2026(2) dt.15-01-2026
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Section 30(a) of the Excise Act.
6. The learned counsel for the petitioner submits that
the petitioner no.1 has antecedent of one case and allegation is
of recovery of 40 litres of liquor from a place near Sun Temple.
7. 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 petitioner
and is accessible to public at large and he came to be implicated
at the instance of local person, but the name of the person, who
disclosed the name of the petitioner is not disclosed in the F.I.R.,
which casts an aspersion on the case of the prosecution.
8. Learned A.P.P. opposes the anticipatory bail
application.
9. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.1, 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.5,000/- (Rupees Five Thousand) 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
Patna High Court CR. MISC. No.644 of 2026(2) dt.15-01-2026
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with Telhara P. S. Case No.190 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
10. The application stands allowed.
11. 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 more than one
case, then it would be presumed that petitioner for the purposes
of obtaining 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 has 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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