Patna High Court
Sarjun Yadav @ Saryu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedents and compliance with the conditions under Section 438(2) CrPC.
Summary
The petitioners, Sarjun Yadav and Rakesh Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 300 litres of liquor from two motorcycles. The petitioners argued that they were not arrested at the spot, had no conscious possession of the seized vehicles, and that ownership of the motorcycles was disputed, with the police report indicating they were not owners. They also highlighted that the case diary had not been produced, and that the information leading to their implication came from an unnamed local informant, casting doubt on the prosecution’s case. The State opposed the anticipatory bail, citing the seriousness of the offence and the petitioners’ antecedents. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed verification of the petitioners’ criminal antecedents. It further stipulated that if the antecedent verification revealed more cases than disclosed, the provisional bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in a case under Section 30(a) of the Excise Act where the petitioners were not arrested and ownership of the seized vehicles is disputed.
- Whether the absence of the case diary and the undisclosed informant affect the propriety of granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- criminal antecedent
- case diary
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87913 of 2025
Arising Out of PS. Case No.-538 Year-2025 Thana- RAJAOLI District- Nawada
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1. Sarjun Yadav @ Saryu Kumar S/o Sanjay Yadav R/o Village - Ambatari, P.S
- Rajauli, District - Nawada
2. Rakesh Kumar @ Ritesh Yadav S/o Mithu Yadav R/o Village - Ambatari, P.S
- Rajauli, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma
For the Opposite Party/s : Ms.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 29-01-2026 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) of the Excise Act.
3. The learned counsel appearing on behalf of the
petitioner submits that the case was taken up on 22.12.2025
when case diary was called for and the Superintendent of Police
was directed to submit a report with regard to the ownership of
the vehicle in question. It is submitted that case diary has not
been received, but then, the report of the Superintendent of
Police has been received.
Patna High Court CR. MISC. No.87913 of 2025(3) dt.29-01-2026
2/4
4. The Court will not wait endlessly for the case diary.
5. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of two cases out of which one
is under the Excise Act and petitioner no.2 is a person with
clean antecedent and the allegation is of recovery of 300 litres
of liquor from two motorcycles.
6. 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 are not the owner
of the seized motorcycles as it also confirms from the report of
the Superintendent of Police. It is next submitted that petitioners
came to be implicated at the instance of local person, but the
name of the person, who disclosed the name of the petitioners is
not disclosed in the 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.
7. Learned A.P.P. opposes the anticipatory bail
application.
8. Considering the submissions made by the learned
Patna High Court CR. MISC. No.87913 of 2025(3) dt.29-01-2026
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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. 10,000/- (Rupees Ten Thousand) each 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 Rajauli P. S. Case No.538 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 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
two cases and petitioner no.2 has antecedent of even one case,
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
two cases only and petitioner no.2 has antecedent of even one
case, in that event, the provisional anticipatory bail order shall
Patna High Court CR. MISC. No.87913 of 2025(3) dt.29-01-2026
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be confirmed forthwith.
11. At this stage, the learned counsel appearing
on behalf of the petitioners based on instruction submits that
petitioners undertake to deposit an amount of Rs.2500/- with
Advocate Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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