Lalbabu YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36937 of 2026
                     Arising Out of PS. Case No.-143 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Lalbabu Yadav Son of Arjun Yadav R/O village - Kuadh, Police Station -
                 Jaynagar, Dist.- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bhavesh Kumar Sah
                 For the Opposite Party/s :        Mr.Md. Matloob Rab
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026               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 three cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 342

                   litres of liquor from two motorcycles and an auto was seized.

                             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 is not the owner of

                   any of the seized vehicles and he came to be implicated based

                   on secret information which is the easiest way to implicate
Patna High Court CR. MISC. No.36937 of 2026(2) dt.16-06-2026
                                            2/3




          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.

          15,000/- (Rupees Fifteen 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

          Sadar Excise P.S. Case No. 143 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 three cases then it would be presumed that petitioner, for

          the purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.36937 of 2026(2) dt.16-06-2026
                                                          3/3




                        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 three

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T