Created by Fuzzy Cloud

Patna High Court

Munna Yadav @ Munna Singh Yadav @ Arun Kumar @ Muna Kumar @ Munna Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the outcome of that verification.

Summary

The petitioner, Munna Yadav, sought anticipatory bail fearing arrest in a case registered under IPC Sections 272 and 273 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He argued that he was not arrested at the spot, no liquor was recovered from his possession, and he was not the owner of the seized truck, contending that the investigation relied on secret information without proper inquiry. The State opposed the bail. The Court, applying Section 438(2) of the CrPC, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If the petitioner is found to have more than three prior cases, the bail will not be confirmed; if only three, the provisional order will be confirmed. The order thus balances the petitioner’s right to liberty with the State’s interest in ensuring proper investigation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC in view of the alleged offences and his criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • IPC 272
  • IPC 273
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72749 of 2025
                      Arising Out of PS. Case No.-167 Year-2019 Thana- KARAHGAR District- Rohtas
                 ======================================================
                 Munna Yadav @ Munna Singh Yadav @ Arun Kumar @ Muna Kumar @
                 Munna Kumar Singh Son of Sobhnath Singh @ Sabhyanath Singh Resident
                 of Village- Bilashpur P.S- Karagahar, Dist- Rohtas
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sadanand Roy, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 272 and

                   273 of the Indian Penal Code as well as Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases out of which one case is

                   under the Excise Act and allegation is of recovery of 4976.640

                   litres of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized truck and came to
Patna High Court CR. MISC. No.72749 of 2025(3) dt.07-01-2026
                                            2/3




          be implicated based on the secret information which is the

          easiest way to implicate someone. It is next submitted that once

          an accused is implicated in a case relating to excise the police

          start implicating mechanically either at the instance of the

          Chawkidar, local person, secret information or confessional

          statement without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds 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

          Karagahar P.S. Case No. 167 of 2019, subject to the conditions

          as laid down under Section 438 (2) of the Cr.P.C.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than three

          cases, it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.72749 of 2025(3) dt.07-01-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.