Lalan YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24453 of 2026
                       Arising Out of PS. Case No.-23 Year-2025 Thana- SEMAPUR District- Katihar
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                 Lalan Yadav S/O Yogendra Yadav R/O Dhuryahi, Ward No.- 3, P.S- Manihari,
                 Distt- Katihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeev Kumar Singh
                 For the Opposite Party/s :       Mr.Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                   1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. 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.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 123.75 litres of liquor from straw house of the

                   petitioner.

                                 4. 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 even alleged

                   recovery is from a straw house which is outside the house and

                   thus is accessible to villagers at large. It is also submitted that no
Patna High Court CR. MISC. No.24453 of 2026(2) dt.20-04-2026
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          prudent person would use his own premises for committing a

          crime and thus, would create evidence against himself and

          hence, would get implicated. It is further submitted that

          petitioner was completely unaware that his villager with an

          intent to implicate the entire family members on account of

          dispute relating to passage would conceal liquor in the straw

          house of the petitioner. It is also submitted that one Ramakant

          was arrested who disclosed the name of the petitioner with

          whom petitioner and his family members are on litigating term.

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

          application.

                       6. 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.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

          Semapur P. S. Case No.23 of 2025, subject to the conditions laid

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

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.24453 of 2026(2) dt.20-04-2026
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                                      8. 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 even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T