Patna High Court
Ramchal Yadav @ Ramchal Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
Ramchal Yadav applied for anticipatory bail in a case involving alleged offences under sections 274, 275, 132, 352 and 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Excise Act. He argued that the case diary and his criminal antecedent report had not been produced, that he was not arrested on the spot, and that the seizure of liquor from an auto was based on secret information rather than his possession. The State opposed the bail. The High Court, noting the petitioner’s pending surrender within six weeks, granted provisional anticipatory bail on the condition of furnishing bail bonds of Rs.15,000 with two sureties and directed verification of his criminal antecedent. The order stipulated that if more than three prior cases are found, the bail would be withdrawn; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail under Section 438 of the Cr.P.C. can be granted in the absence of a case diary and pending investigation.
- Whether the petitioner’s alleged lack of possession and reliance on secret information justify bail.
- What conditions may be imposed on anticipatory bail, particularly concerning verification of criminal antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 132, 274, 275, 3(5), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Narcotic offences
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8453 of 2026
Arising Out of PS. Case No.-383 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Ramchal Yadav @ Ramchal Kumar Yadav S/o Dihal Yadav R/o Village -
Vishnupur, P.O - Khajedih, P.S - Ladaniya (Ladania), District - Madhubani,
State - Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Jha
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 28-04-2026 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 274, 275, 132, 352 and 3(5) of the B.N.S. and Section
30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
by order dated 17.02.2026, the case diary along with the
criminal antecedent of the petitioner was called for, but the same
till date has not been received.
4. The Court will not wait endlessly for the case diary
and the criminal antecedent report of the petitioner.
5. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.8453 of 2026(3) dt.28-04-2026
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petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 270
litres of liquor from an auto.
6. 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 auto and he came to be implicated based on secret
information, which is the easiest way to implicate someone. 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.
7. Learned A.P.P. opposes the anticipatory bail
application.
8. 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
Patna High Court CR. MISC. No.8453 of 2026(3) dt.28-04-2026
3/3
with Ladaniya P. S. Case No.383 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
9. The application stands allowed.
10. 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 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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