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Patna High Court

Laldas Yadav @ Laldas RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Laldas Yadav, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 390 litres of liquor from a public garden. He argued that he was not apprehended at the spot, no liquor was found in his possession, and the complaint was filed by a hostile watchman, raising doubts about the prosecution's case. The State opposed the bail, citing the petitioner’s extensive criminal antecedent of eleven prior excise cases. The court granted provisional anticipatory bail, requiring a bail bond of Rs.55,000 with two sureties, subject to verification of the petitioner’s antecedent by the trial court. It stipulated that if more than eleven prior cases are found, the bail would not be confirmed; if exactly eleven are confirmed, the provisional bail would be made final.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in the present excise case.
  • Whether the alleged recovery of liquor from a public place and lack of seizure from the petitioner affect the bail application.
  • Whether the petitioner’s criminal antecedent of eleven prior excise cases precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a) Bihar Excise Act
  • Section 482(2) BNSS
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27108 of 2026
                     Arising Out of PS. Case No.-41 Year-2026 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Laldas Yadav @ Laldas Rai S/o Nath Narayan Rai @ Narayan Yadav R/o
                 Vill- Bara ( Basantpur), P.S.- Ara Muffasil, Distt- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarveshwar Tiwary
                 For the Opposite Party/s :       Mr. Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of eleven cases under the Excise Act

                   and allegation is of recovery of 390 liters of liquor from a

                   garden.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.27108 of 2026(2) dt.23-04-2026
                                            2/3




          at the instance of Chowkidar with whom he is on an inimical

          term. It is also submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution. It is

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation. It is also submitted that             petitioner earlier in

          similar manner came to be implicated in cases relating to

          Excise.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          55000/- (Rupees Fifty 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
            Patna High Court CR. MISC. No.27108 of 2026(2) dt.23-04-2026
                                                        3/3




                      Ara Muffasil P.S. Case No. 41 of 2026 subject to the conditions

                      as laid down under Section 482 (2) of the BNSS.

                                   7. It is made clear that thereafter the learned Trial Court

                      shall verify the criminal antecedent of the petitioner and in the

                      event if it is found that petitioner has antecedent of more than 11

                      cases then it would be presumed that petitioner, for the purposes of

                      seeking anticipatory bail, had concealed his antecedent before this

                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner has

                      antecedent of 11 cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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