Patna High Court
Laldas Yadav @ Laldas RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was not granted to the petitioner.
Summary
Laldas Yadav applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 850 litres of illicit mahua wine were recovered from an open area. The petitioner claimed he was falsely implicated, asserting that no contraband was found in his possession and that identification was based solely on a local watchman's testimony. The State opposed the bail, highlighting that the petitioner has ten prior convictions, nine of which relate to similar offences, portraying him as a habitual offender. The Court considered the seriousness of the alleged offence and the petitioner’s criminal history. Concluding that the petitioner is a habitual offender, the Court refused to grant anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of his prior criminal antecedents.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- habitual offender
- criminal antecedents
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24125 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- KRISHNAGARH District- Bhojpur
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Laldas Yadav @ Laldas Rai Son of Nath Narayan Rai @ Narayan Yadav
Resident of Village - Bara (Basantpur), P.S. - Ara Muffasil.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarveshwar Tiwary, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Krishnagarh Police Station Case No. 20 of 2026,
disclosing offences under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per the FIR, there is recovery of 850 litres of
illicit country made mahua wine from the bush.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case. He further
submits that the petitioner was not arrested on the spot as such
nothing was recovered from the conscious possession of this
petitioner rather the alleged recovery is from an open place
which is accessible to anyone. The petitioner has been implicated in
Patna High Court CR. MISC. No.24125 of 2026(2) dt.22-04-2026
2/2
this case on the basis of identification of local choukidar.
5. Learned APP for the State has opposed the prayer
for bail and submits that petitioner carries ten criminal
antecedents out of which nine are of similar nature.
6. Having regard to the submissions made on behalf
of the parties and taking into consideration the fact that the
petitioner carries ten criminal antecedents and petitioner appears
to be a habitual offender, I am not inclined to grant privilege of
anticipatory bail to the petitioner.
7. This application is, accordingly, dismissed.
(Anil Kumar Sinha, J)
Ranjeet/-
U T
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