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Patna High Court

Balbir YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail is appropriate and granted provisional bail subject to conditions and verification of antecedent.

Summary

The petitioners, Balbir Yadav and Pankaj Yadav, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case alleging violation of Section 30(a) of the Excise Act for the alleged recovery of 22 litres of liquor. They argued that they have clean antecedents, that no liquor was recovered from their possession, and that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their criminal antecedent by the trial court. If any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act.
  • Whether the absence of recovery from the petitioners' possession and the non‑disclosure of the informant in the FIR affect the grant of anticipatory bail.
  • What conditions should be imposed on provisional anticipatory bail, including verification of antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • provisional bail
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90115 of 2025
                       Arising Out of PS. Case No.-261 Year-2025 Thana- GOGRI District- Khagaria
                 ======================================================
           1.     Balbir Yadav S/o Maheshwar Yadav R/o Village - Usari, P.S - Gogri, District
                  - Khagaria
           2.    Pankaj Yadav S/o Maheshwar Yadav R/o Village - Usari, P.S - Gogri,
                 District - Khagaria

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Seema Kumari
                 For the Opposite Party/s :       Ms.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  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 for the petitioners submits that

                   the petitioners are persons with clean antecedent and the

                   allegation is of recovery of 22 litres of liquor from diyara area

                                4. 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 even alleged

                   recovery is from a place, which does not belong to the
Patna High Court CR. MISC. No.90115 of 2025(2) dt.08-01-2026
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          petitioners and is accessible to public at large and they 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.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          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.500/- (Rupees Five Hundred) 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 Gogri P. S. Case No.261 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.90115 of 2025(2) dt.08-01-2026
                                                           3/3




                                      8. 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 petitioners have 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 petitioners are persons with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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