Patna High Court
Laldas Yadav @ Laldas RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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