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Patna High Court

Sattan YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Sattan Yadav, sought anticipatory bail fearing arrest in a case registered under IPC Sections 413 and 414 and Bihar Prohibition and Excise Act Sections 30 and 30(a) for alleged recovery of 335 litres of liquor and two motorcycles. He contended that he has a clean antecedent, was not arrested at the spot, had no conscious possession of the seized items, and was not the owner of the vehicles. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs 500 with two sureties, and that the trial court verify his antecedent. If any prior case is discovered, the bail will not be confirmed; if his clean antecedent is verified, the bail will be confirmed. The order was made under Section 438(2) of the CrPC and Section 482 of the Bihar Narcotic and Smuggling (BNSS) provisions.

Issues considered

  • Whether anticipatory bail can be granted in a case involving alleged possession of illicit liquor and motor vehicles under Sections 413, 414 IPC and Sections 30, 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s claim of clean antecedent and lack of conscious possession justifies the grant of anticipatory bail.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482 BNSS are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 CrPC
  • IPC 413
  • IPC 414
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • seizure of liquor
  • motor vehicles
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90727 of 2025
                   Arising Out of PS. Case No.-397 Year-2020 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Sattan Yadav Son of Ramnath Yadav Resident of Vill. - Vinod Nagar, P.S.-
                 Taraya Sujan, Dist. - Kushinagar(U.P.).
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  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 413 and

                   414 of the Indian Penal Code as well as Sections 30 and 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 335 litres of liquor from a bush along with two

                   motorcycles.

                                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. It is

                   next submitted that petitioner came to be implicated based on
Patna High Court CR. MISC. No.90727 of 2025(2) dt.08-01-2026
                                            2/3




          the secret information which is the easiest way to implicate

          someone without holding a proper investigation of the case,

          when petitioner admittedly is a person with clean antecedent.

                       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.500/- (Rupees Five Hundred) 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 Nautan

          P.S. Case No. 397 of 2020, subject to the conditions as laid

          down under Section 438 (2) of the Cr.P.C./482 of the BNSS.

                       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 even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be

          confirmed but if it is found on verification that petitioner is a
           Patna High Court CR. MISC. No.90727 of 2025(2) dt.08-01-2026
                                                       3/3




                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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