Patna High Court
ABHISHEK YADAV @ ABHISHEK KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted conditionally, with confirmation dependent on verification of the petitioner’s antecedent.
Summary
The petitioner, Abhishek Yadav, sought anticipatory bail fearing arrest in a case under Sections 30(a), 41(1) and 41(2) of the Bihar Excise Act concerning alleged recovery of liquor from an open field, a truck and a motorcycle. He argued that he was not caught in possession, was not the owner of the seized vehicles, and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs.30,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent. The court stipulated that if the petitioner is found to have more than six prior excise cases, the bail would not be confirmed; if only six cases are verified, the bail would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise case.
- Whether the petitioner’s prior criminal antecedent of six cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- criminal antecedent
- Section 30
- Section 41
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88199 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
ABHISHEK YADAV @ ABHISHEK KUMAR Son of Dineshwar Yadav
Resident of Ward No.- 9, Panjabi Mohalla, Anand Vihar Gali No. 01, Panjabi
Colony, P.S.- Town (Samastipur), Dist.- Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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 30(a) and
41(1) and 41 (2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases under the excise act and
allegation is of recovery of 26.250 liters of liquor from an open
field and from a truck along with one motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized vehicles nor the open field belongs to
Patna High Court CR. MISC. No.88199 of 2025(3) dt.20-01-2026
2/3
him, but then he came to be implicated at the instance of local
person, but then the name of the person who disclosed the name
of the petitioner is not disclosed in the FIR which casts an
aspersion on the case of the prosecution. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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, 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.
30,000/- (Rupees Thirty 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 Ujiyarpur
P.S. Case No. 278 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.88199 of 2025(3) dt.20-01-2026
3/3
in the event if it is found that petitioner has antecedent of more
than six cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of six
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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