Patna High Court
Saroj Kumar Yadav @ Saroj YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond and surety conditions, with confirmation contingent on verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Saroj Kumar Yadav, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act concerning the alleged recovery of 936 litres of liquor from his brother’s house. He argued that he was not present at the seizure, had no possession of the liquor, and was implicated due to a personal dispute with a watchman. The State opposed the bail, citing the petitioner’s three prior Excise cases. The Court, applying Section 438(2) of the CrPC, granted provisional anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to verification of his criminal antecedent. It directed that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person accused under Section 30(a) of the Excise Act.
- Whether the petitioner’s prior three cases under the Excise Act preclude the grant of anticipatory bail.
- What conditions should be imposed on the anticipatory bail in the present circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30(a)
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7448 of 2026
Arising Out of PS. Case No.-392 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Saroj Kumar Yadav @ Saroj Yadav Son of Lakshmi Yadav @ Lakshmi
Narayan Yadav Resident of village - Inarwa, Ward No.- 05, P.S.- Phulparas,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 under the Excise Act
and allegation is of recovery of 936 litres of liquor from the
house of Manoj Yadav.
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 he came to be
implicated based on the fact that the recovery was made from
Patna High Court CR. MISC. No.7448 of 2026(2) dt.19-02-2026
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his brother Manoj. It is next submitted that Chaukidar
implicated him since he is on an inimical term with him. 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 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 G.R. No.581 of 2025 arising out of Phulparas P. S. Case
No.392 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
Patna High Court CR. MISC. No.7448 of 2026(2) dt.19-02-2026
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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
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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