Patna High Court
Uttam Kumar Yadav @ Uttam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Uttam Kumar Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 720 litres of liquor from a public riverbank. He argued that he was not in possession of the liquor, the recovery site did not belong to him, and the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail, citing his prior criminal record of four cases, three under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed verification of his antecedents. If verification shows more than four prior cases, the bail will not be confirmed; if only four, the bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the absence of the informant’s name in the FIR and lack of possession of the alleged liquor affect the merits of the bail application.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- criminal antecedent
- FIR deficiencies
- public place recovery
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91998 of 2025
Arising Out of PS. Case No.-667 Year-2025 Thana- SIWAN MUFFASIL District- Siwan
======================================================
Uttam Kumar Yadav @ Uttam Kumar Son of Begu Alias Dinesh Yadav @
Dinesh Chaudhary Resident of Village - Tarwan, P.O. - Tarwan, P.S. - Siwan
Muffasil, Dist - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Shahi, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases out of which three cases
are under the Excise Act and allegation is of recovery of 720
litres of liquor from a place near the bank of Daha River.
4. 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 the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large. It is further submitted that
Patna High Court CR. MISC. No.91998 of 2025(2) dt.13-01-2026
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petitioner came to be implicated at the instance of the local
person but then the name of the person who disclosed the name
of the petitioner is not disclosed in the FIR which casts an
aspersion on the case of the prosecution. It is next submitted that
once an accused is implicated in a case relating to excise the
police start implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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.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
Siwan Mufassil P.S. Case No. 667 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
Patna High Court CR. MISC. No.91998 of 2025(2) dt.13-01-2026
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court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than four cases,
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 has antecedent of only four cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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