Deepak Kumar Yadav @ Dipak Yadav @ Deepak Yadav Vs The State… — Anticipatory Bail | Patna HC (2026)

Deepak Kumar Yadav @ Dipak Yadav @ Deepak Yadav Vs The State… — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: petitioner, on arrest or surrender before the learned Court below within six weeks, to be released on furnishing bail-bonds of Rs. 5,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; confirmation contingent on the trial Court's verification of the petitioner's criminal antecedents (confirmed forthwith if only one antecedent case; not confirmed if more than one, presuming concealment).

Issue for consideration

Whether the petitioner is entitled to anticipatory bail in connection with Sadar P.S. Case No. 425 of 2025, registered for offences punishable under Section 30(a) of the Excise Act.

Court's answer

In the event of the petitioner's arrest or surrender before the learned Court below within a period of six weeks, he is directed to be released on provisional anticipatory bail on furnishing bail-bonds of Rs. 5,000/- 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 Sadar P.S. Case No. 425 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

If, on verification by the learned trial Court after accepting the provisional bail bonds, the petitioner is found to have antecedents of more than one case, it would be presumed that he concealed his antecedents before this Court for the purpose of obtaining anticipatory bail, and in that event the present provisional anticipatory bail order shall not be confirmed.

Key takeaways

If, on verification, the petitioner is found to have antecedents of one case only, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶24
The anticipatory bail application stands allowed.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail – Patna High Court (Satyavrat Verma, J) allowed the anticipatory bail application of the petitioner in connection with Sadar P.S. Case No. 425 of 2025 (Purnia), registered for offences punishable under Section 30(a) of the Excise Act, wherein the allegation was of recovery of 351 litres of liquor from a pick-up vehicle. Counsel submitted the petitioner was not arrested from the spot, nothing was recovered from his conscious possession, he was not the owner of the seized vehicle, and he was implicated on the basis of secret information. Directing release on provisional anticipatory bail upon arrest or surrender before the learned Court below within six weeks, on furnishing bail-bonds of Rs. 5,000/- with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C., the Court made confirmation contingent on the trial Court verifying the petitioner's criminal antecedents: if more than one antecedent case is found, it would be presumed the petitioner concealed his antecedents to obtain anticipatory bail and the provisional order shall not be confirmed; if only one antecedent case is found, the provisional anticipatory bail order shall be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28018 of 2026

Arising Out of PS. Case No.-425 Year-2025 Thana- PURNEA SADAR District- Purnia

======================================================

Deepak Kumar Yadav @ Dipak Yadav @ Deepak Yadav S/O Laxami Yadav R/O Village - Chauhan Tola, P.S- Sadar, Distt- Purnia

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Shivesh Kumar Singh For the Opposite Party/s : Mr.Mithlesh Kumar Khare ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 24-04-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 351 litres of liquor from a pick-up vehicle.

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 is not the owner of the seized vehicle and he came to be implicated based on secret information, which is the easiest way to implicate someone. It is next submitted that police in majority of cases implicating

Patna High Court CR. MISC. No.28018 of 2026(2) dt.24-04-2026 2/3

innocent persons either at the behest of Chaukidar, local person, secret information and confessional statement in a mechanical manner without holding a proper investigation.

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

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.5,000/- (Rupees Five 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 Sadar P. S. Case No.425 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

It is made clear that the learned trial Court 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 one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before

Patna High Court CR. MISC. No.28018 of 2026(2) dt.24-04-2026 3/3

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 one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

vikash/-

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