Patna High Court
Dipak Yadav @ Deepak YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties and a condition for possible cancellation.
Summary
Dipak Yadav applied for anticipatory bail in an excise case (PS No.55/2026) under sections 30(a) and 44 of the Bihar Prohibition and Excise Act, 2016, after a raid recovered 86.4 litres of IMFL and a co‑accused identified him as the person who escaped. The petitioner argued that he was falsely implicated, no incriminating article was found in his possession, and he has no prior criminal record. The State opposed the bail, relying on the co‑accused’s statement. The High Court, noting the absence of any seized material from the petitioner and that he had not been arrested, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a condition that bail may be cancelled if a prior offence under the Act is later discovered. The order directs the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted when the only evidence is a co‑accused’s statement and no material has been seized from the petitioner.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 44
Subjects
- anticipatory bail
- excise law
- false implication
- co‑accused statement
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24926 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- EXCISE MAHARAJGANJ District-
Siwan
======================================================
Dipak Yadav @ Deepak Yadav S/o Dhanej Yadav Resident of Village - Siraj
Indauli, Ward No. 14, P.S. - Jamo Bazar, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Excise Maharajganj P.S. Case no. 55 of 2026, registered
under sections 30(a) and 44 of the Bihar Prohibition and Excise
Act, 2016.
3. As per the prosecution case, the informant states
that having received information about the petitioner
accumulating liquor for sale, it is stated that a raid was
conducted. While an accused Vishal Kumar was arrested, one
another accused managed to escape taking benefit of darkness.
It is further stated that the accused who was caught disclosed the
name of the person who had managed to escape as the petitioner
Patna High Court CR. MISC. No.24926 of 2026(2) dt.22-04-2026
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herein. A total of 86.4 litres of IMFL was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Neither any
incriminating article was recovered from the possession of the
petitioner nor does he have any concern with the seized article
or with the land in question. The only material against him is the
statement of a co-accused made before police. The petitioner
has no criminal antecedent.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the petitioner not having been arrested at the spot and
no incriminating article having been recovered from his
possession, it is directed that the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Excise Maharajganj P.S. Case no. 55 of 2026
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Special Judge, (Excise) Court no.2, Siwan on the
following condition :
Patna High Court CR. MISC. No.24926 of 2026(2) dt.22-04-2026
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(I) If it subsequently transpires that the petitioner has
an antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
Shiv/-
U T
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