Patna High Court
Basant Yadav @ Vasant YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Basant Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for allegedly recovering 116.935 litres of liquor from a motorcycle. The petitioner argued that he was not in possession of the seized vehicle, was not the owner, and was implicated only due to the testimony of a watchman, questioning why the watchman did not inform police earlier. The State opposed the anticipatory bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.15,000 with two sureties, subject to verification of his criminal antecedents. The court clarified that if the petitioner is found to have more than three prior cases, the provisional bail would not be confirmed; if he has exactly three, the bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act
- Whether the petitioner’s alleged lack of ownership and possession of the seized vehicle affects the grant of bail
- Whether the petitioner’s criminal antecedent (three prior cases) warrants denial 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
- bail conditions
- criminal antecedent
- seizure of liquor
- ownership dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65210 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Basant Yadav @ Vasant Yadav S/o Late Rambadai Yadav Resident of village -
Machhargawan Chowk, P.s.- Bairiya, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharad Kumar Verma
For the Opposite Party/s : Ms.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases and allegation is of
recovery of 116.935 litres of liquor from a motorcycle.
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 is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chaukidar, but then, it is submitted that if Chaukidar was
aware of the involvement of the petitioner in the occurrence,
Patna High Court CR. MISC. No.65210 of 2025(3) dt.07-01-2026
2/3
then why he did not inform the police prior to institution of the
present F.I.R., which casts an aspersion on the case of the
prosecution.
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.15,000/- (Rupees Fifteen 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
with Bairiya P. S. Case No.166 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 more than three cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
Patna High Court CR. MISC. No.65210 of 2025(3) dt.07-01-2026
3/3
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 three cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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