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Patna High Court

Ranjeet Yadav @ Ranjeet KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application conditionally, subject to verification of the petitioners’ criminal antecedents.

Summary

The petitioners, Ranjeet Yadav and Madhusudan Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Sections 30(a) and 30(c) of the Excise Act. They contended that they were not arrested at the scene, no liquor was recovered from their possession, and the complaint originated from a watchman’s report, raising doubts about the prosecution’s case. The State opposed the bail, arguing the seriousness of the offences and the petitioners’ prior criminal records. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on the filing of bail bonds of Rs 40,000 each and verification of the petitioners’ antecedents. It directed that if the petitioners have more prior cases than disclosed, the bail would not be confirmed; otherwise, the provisional order would be made final. The order was issued by Justice Satyavrat Verma of the Patna High Court.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC to persons accused of offences under Sections 30(a) and 30(c) of the Excise Act.
  • Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • criminal antecedent
  • provisional bail
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65354 of 2025
                     Arising Out of PS. Case No.-560 Year-2024 Thana- NOORSARAI District- Nalanda
                 ======================================================
           1.     Ranjeet Yadav @ Ranjeet Kumar S/O Surendra Yadav R/O Vill.- Malbigha,
                  P.S.- Noorsarai, Dist.- Nalanda
           2.    Madhusudan Yadav @ Masudan Kumar S/O Surendra Yadav R/O Vill.-
                 Malbigha, P.S.- Noorsarai, Dist.- Nalanda

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Satya Prakash
                 For the Opposite Party/s :       Mr.Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a), 30(c) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioner no.1 has antecedent of four cases out of which

                   three cases are under the Excise Act and petitioner no.2 has

                   antecedent of eight cases out of which seven cases are under the

                   Excise Act and the allegation is of recovery of 120 litres of

                   liquor from North side of Khanda, 75 litres of liquor from Dalan

                   of Soni Devi and 80 litres of liquor from possession of
Patna High Court CR. MISC. No.65354 of 2025(3) dt.07-01-2026
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          Dharampal Yadav.

                       4. The learned counsel for the petitioners submits that

          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and even alleged

          recovery is from a place, which does not belong to the

          petitioners and they came to be implicated at the instance of

          Chaukidar, but then, it is submitted that if Chaukidar was aware

          of the involvement of the petitioners in the occurrence, 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. It is next submitted that police in majority of cases

          implicating innocent persons either at the behest of Chaukidar,

          local person, secret information and confessional statement in a

          mechanical manner without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs. 40,000/- (Rupees Forty Thousand) each with two
               Patna High Court CR. MISC. No.65354 of 2025(3) dt.07-01-2026
                                                           3/3




                         sureties of the like amount each to the satisfaction of the learned

                         Trial Court where the case is pending/ successor Court in

                         connection with Noorsarai P. S. Case No.560 of 2024, 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 petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioner no.1 has antecedent of more than

                         four cases and petitioner no.2 has antecedent of more than eight

                         cases, then it would be presumed that petitioners for the

                         purposes of obtaining anticipatory bail had concealed their

                         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 no.1 has antecedent of

                         more than four cases only and petitioner no.2 has antecedent of

                         more than eight cases only, in that event, the provisional

                         anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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