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Patna High Court

Dharmendra Yadav @ Bhogendra YadavversusThe 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

Dharmendra Yadav was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 585 litres of liquor concealed under straw. He contended that he was not arrested on the spot, no liquor was found in his possession, and the alleged recovery site did not belong to him. The petitioner sought anticipatory bail, arguing that the investigation was based on secret information without proper inquiry. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 482(2) of the CrPC. The order also directed the trial court to verify the petitioner’s criminal antecedent and confirm or set aside the bail accordingly.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise case
  • Whether the petitioner’s alleged lack of possession and the nature of the investigation justify bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28145 of 2026
                     Arising Out of PS. Case No.-82 Year-2026 Thana- BENIPATTI District- Madhubani
                 ======================================================
                 Dharmendra Yadav @ Bhogendra Yadav S/o Ganga Yadav Resident of village
                 - Salaha, P.S - Benipatti, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Subhash Kumar Jha
                 For the Opposite Party/s :       Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026               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 the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 585 litres of liquor concealed under

                   straw.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

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

                   and      he came to be implicated based on secret information
Patna High Court CR. MISC. No.28145 of 2026(2) dt.28-04-2026
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          which is the easiest way to implicate someone without holding a

          proper investigation. It is further 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.

                   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.

          5,000/- (Rupees 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 Benipatti

          P.S. Case No. 82 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 one case then it would be presumed that petitioner, for the
              Patna High Court CR. MISC. No.28145 of 2026(2) dt.28-04-2026
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                        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 one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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