Patna High Court
Ramdahin Yadav @ Ramadahin YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioners' criminal antecedents and compliance with the stipulated bond conditions.
Summary
The petitioners, Ramdahin Yadav and Surendra Yadav, sought anticipatory bail in a case registered under Sections 30(a) and 30(d) of the Bihar Excise Act for alleged recovery of liquor and Jawa Mahua. They argued that the alleged seizure was not from their possession and that the police had mechanically implicated them without proper investigation. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on the petitioners furnishing a bail bond of Rs.30,000 each with two sureties and depositing Rs.10,000 with the Advocates’ Association, subject to verification of their criminal antecedents. If the petitioners are found to have more than the disclosed number of prior cases, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the relevant Bihar statute.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 30(a) and 30(d) of the Bihar Excise Act.
- Whether the petitioners' prior criminal antecedents disqualify them from obtaining anticipatory bail.
- Whether the trial court must verify the antecedent record before confirming the provisional bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- criminal antecedent
- Section 30 Bihar Excise Act
- Section 482 CrPC
- high court order
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3266 of 2026
Arising Out of PS. Case No.-291 Year-2025 Thana- CHAKAND District- Gaya
======================================================
1. Ramdahin Yadav @ Ramadahin Yadav Son of Late Durga Yadav Resident of
Village- Dali Bigha @ Dalli Bigha, P.S.- Belaganj, District- Gaya Ji
2. Surendra Yadav Son of Late Durga Yadav Resident of Village- Dali Bigha @
Dalli Bigha, P.S.- Belaganj, District- Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of five cases under the excise act
and petitioner no. 2 has antecedent of six cases under the excise
act and allegation is of recovery of 200 liters of liquor from a
forest area along with 5000 liters of Jawa Mahua which was
destroyed.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.3266 of 2026(2) dt.28-01-2026
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petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and they came to be
implicated at the instance of Chowkidar, but then it is 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
30,000/- (Rupees Thirty Thousand) each 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
Chakand P.S. Case No. 291 of 2025 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.3266 of 2026(2) dt.28-01-2026
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Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that petitioner no. 1 has antecedent of
more than five cases and petitioner no. 2 has antecedent of more
than six cases then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner no. 1 has antecedent of
five cases only and petitioner no. 2 has antecedent of six cases
only, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
8. At this stage, the learned counsel for the
petitioners, based on instruction, undertakes to deposit an
amount of Rs. 10,000/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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