Patna High Court
Dinesh Kumar Yadav @ Dinesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Dinesh Kumar Yadav, sought anticipatory bail fearing arrest in an excise case involving the seizure of 342 litres of illicit Nepali liquor. The prosecution alleged his involvement under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, citing a co‑accused’s confessional statement. The petitioner contended his innocence and that he was falsely implicated. The State opposed the bail. The High Court, applying Section 438(2) of the CrPC and Section 482 of the BNSS, allowed the anticipatory bail with a bond of Rs.10,000, two sureties, a deposit of Rs.25,000, and strict attendance conditions, pending verification that he is not involved in any other excise case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 of the BNSS in view of the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the co‑accused’s confessional statement suffices to deny bail to the petitioner.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482
- Bihar Prohibition and Excise Act — s. 30(a), 32(3), 41(1), 41(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33969 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- EXCISE SIMRAHI District- Supaul
======================================================
Dinesh Kumar Yadav @ Dinesh Yadav Son of Mishri Yadav Resident of
Village-Mahua, Ward No.03, P.S.-Nirmali, District-Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Shadab Alam Wazdi, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Excise Simrahi P.S. Case No. 61 of 2026
registered for the offence under Sections 30(a), 32(3), 41(1),
41(2) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
total 342 litres of Nepali country-made liquor from a potato
field.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the name
of the petitioner has come in the confessional statement of the
co-accused. Petitioner is not accused in any other case under the
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Excise Act.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special
Exclusive Excise Court-II, Supaul/ concerned Court below in
connection with Excise Simarhi P.S. Case No. 61 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Bhatta Bazar, Purnea and produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
of the receipt produced by the petitioner.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
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petitioner that he is not accused in any other case under the
Excise Act. The bail bonds of the petitioner shall only be
accepted if it is found that he is not accused in any other case
under the Excise Act.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Nirmali Police Station, District- Supaul on first and third
Sunday of every month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
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