Patna High Court
Naval Kishor YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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