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Patna High Court

Naval Kishor YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

Naval Kishor Yadav applied for anticipatory bail fearing arrest in a case under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, alleging recovery of 2006.64 litres of liquor from a pick‑up and a motorcycle. He contended that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the seized vehicles, claiming the investigation relied on secret information. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on a bond of Rs.15,000 with two sureties, subject to verification of his criminal antecedent; if more than three prior cases are found, the bail will not be confirmed, otherwise it will be confirmed. The order was made under Section 438(2) of the Cr.P.C.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 Cr.P.C. in the present circumstances
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
  • Whether the lack of possession of the seized liquor and vehicles justifies denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • liquor seizure
  • excise law
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89208 of 2025
                   Arising Out of PS. Case No.-460 Year-2025 Thana- BABUBARHI District- Madhubani
                 ======================================================
                 Naval Kishor Yadav S/o Mahesh Yadav Resident of village- Jogiya, PS-
                 Ladaniya, Dist- Madhubani
                                                                      ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhavesh Kumar Sah, Advocate
                 For the Opposite Party/s :      Mr. Ramchandra Sahni, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  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 of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases out of which two cases

                   are under the Excise Act and allegation is of recovery of

                   2006.64 litres of liquor from a pick-up vehicle and a

                   motorcycle.

                                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 any of the seized vehicles and

                   came to be implicated based on secret information which is the
Patna High Court CR. MISC. No.89208 of 2025(2) dt.05-01-2026
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          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 without holding a proper

          investigation of the case either at the instance of the Chawkidar,

          local person, secret information or confessional statement.

                       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

          Babubarhi P.S. Case No. 460 of 2025, 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

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.89208 of 2025(2) dt.05-01-2026
                                                       3/3




                     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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