Patna High Court
Digvijay Narayan Yadav @ Digvijay Narayan Singh @ Digya Vijay Narayan Singh @ Digavijay SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) Cr.P.C.
Summary
The petitioner, Digvijay Narayan Yadav, applied for anticipatory bail in a case under Sections 30(a) and 37 of the Excise Act concerning alleged recovery of nine litres of liquor thrown outside his house. He argued that the case diary had not been produced despite being called for, that he had not been arrested at the spot and no liquor was found in his possession, and that the police were mechanically implicating him because of his prior criminal record. The State opposed the bail. The Court, noting the absence of a diary, the lack of possession, and the petitioner’s antecedent of exactly four cases, granted provisional anticipatory bail on condition of a Rs 20,000 bond with two sureties and compliance with Section 438(2) of the Cr.P.C., along with verification of his criminal antecedent and a deposit of Rs 5,000 with the Advocates’ Association. The order also stipulated that if more than four prior cases are found, the bail would not be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in the absence of the case diary and before arrest.
- Whether the petitioner’s antecedent of four criminal cases precludes the grant of anticipatory bail.
- Whether the conditions prescribed under Section 438(2) of the Criminal Procedure Code are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 37
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- criminal antecedent
- bail bond
- provisional bail
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89251 of 2025
Arising Out of PS. Case No.-485 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
Digvijay Narayan Yadav @ Digvijay Narayan Singh @ Digya Vijay Narayan
Singh @ Digavijay Singh S/O Late Ganesh Yadav R/O Village- Rampur Joi,
PS- Shivsagar, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 29-01-2026 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 30(a) and 37 of the Excise Act.
3. The learned counsel appearing on behalf of the
petitioner submits that by order dated 22.12.2025 when case
diary was called for, but the same till date has not been received.
4. The Court will not wait endlessly for the case diary.
5. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases and allegation is of
recovery of 09 litres of liquor allegedly thrown by the petitioner
outside his house.
Patna High Court CR. MISC. No.89251 of 2025(3) dt.29-01-2026
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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 even alleged
recovery is from a place, which does not belong to the petitioner
but then is adjacent to his house. It is further submitted that off
late, police has started mechanically implicating those accused
who have antecedent 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.20,000/- (Rupees Twenty 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 Excise Case No.1709 of 2025 arising out of
Sasaram Excise P. S. Case No.485 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
Patna High Court CR. MISC. No.89251 of 2025(3) dt.29-01-2026
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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 four
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 four
cases only, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
11. At this stage, the learned counsel appearing
on behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.5,000/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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