Patna High Court
Dadan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied because the seriousness of the offences and the likelihood of the petitioner absconding outweighed the grounds for bail.
Summary
The petitioner, Dadan Yadav, sought anticipatory bail fearing arrest in a case involving alleged offences under the Bihar Negotiable Substances Act, the Arms Act, and the Bihar Prohibition and Excise (Amendment) Act. The FIR alleged recovery of liquor and cartridges, and that the accused fired weapons while fleeing. The court examined whether anticipatory bail could be granted given the seriousness of the offences and the risk of the petitioner absconding. It noted that the petitioner is from Uttar Pradesh and the alleged crimes involve both narcotics and arms violations. Concluding that the risk of absconding and the gravity of the charges outweighed the grounds for bail, the court rejected the anticipatory bail application. The petition was dismissed.
Issues considered
- What is the appropriateness of granting anticipatory bail under the CrPC in a case involving offences under Sections 191(2)(3), 109, 132, 324(4) of the BNS Act, Sections 27, 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act?
- Does the presence of serious allegations such as possession of liquor, cartridges and alleged firing while fleeing justify denial of anticipatory bail?
Legislation cited
- Arms Act — s. 26, 27, 35
Subjects
- anticipatory bail
- Criminal Procedure Code
- arms offences
- prohibition law
- bail jurisprudence
- risk of absconding
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1570 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Dadan Yadav S/o Late Parshuram Yadav R/o Village- Jawahi Diar, P.S.-
Haldi, District- Baliya, UP
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyapal Singh, Advocate
For the Opposite Party/s : Dr. (Mr.) Ajeet Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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 191(2)(3),
109, 132, 324(4) of the BNS, Sections 27, 26 and 35 of the
Arms Act as well as Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. In the nature of allegation as alleged in the FIR, the
Court is not inclined to extend the privilege of anticipatory bail
to the petitioner as from perusal of the allegation as alleged in
the FIR, it manifests that apart from recovery of liquor,
cartridges were recovered and it is also alleged in the FIR that
accused persons while fleeing even resorted to firing and the
petitioner belongs to Ballia, State of Uttar Pradesh and if the
privilege of anticipatory bail is granted to the petitioner, the
Patna High Court CR. MISC. No.1570 of 2026(2) dt.17-01-2026
2/2
petitioner may abscond.
4. Hence, the prayer of the petitioner for anticipatory
bail is rejected in connection with Brahmpur P.S. Case No. 181
of 2025 pending in the Court of learned Exclusive Special
Excise Court-2, Buxar/Successor Court.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.