Patna High Court
Munna Yadav @ Munna Singh Yadav @ Arun Kumar @ Muna Kumar @ Munna Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273
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
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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
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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
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