Patna High Court
Dashrath YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bonds, sureties and verification of the petitioner’s criminal antecedent.
Summary
Dashrath Yadav applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of liquor. The petitioner argued that he was not arrested at the scene, that the liquor was recovered from locations not belonging to him, and that the case was based on secret information. The State opposed the bail, citing the seriousness of the offence and the petitioner's prior case under the Excise Act. The Court, after considering the submissions, directed the petitioner to be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of his criminal antecedent. It further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent is verified. The application was allowed, and the petitioner was also directed to deposit Rs.2,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of offences under Section 30(a) of the Excise Act.
- Whether the absence of arrest at the spot and lack of possession of the alleged liquor negate the necessity for denial of bail.
- What conditions should be imposed on the provisional anticipatory bail, particularly concerning verification of prior criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3800 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Dashrath Yadav Son of Late Mahangu Singh Resident of village - Behra, P.S.-
Udwantnagar, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Malti Kumari
For the Opposite Party/s : Mr.Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 20 litres of liquor from a place
behind an iron kiosk and 50 litres of liquor from a sesame
orchard
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery are from places, which does not belong to the
Patna High Court CR. MISC. No.3800 of 2026(2) dt.29-01-2026
2/3
petitioner and he came to be implicated based on secret
information, which is the easiest way to implicate someone. It
is next submitted that police in majority of cases
implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (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 Udwant Nagar P. S. Case No.287 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.3800 of 2026(2) dt.29-01-2026
3/3
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 purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.2500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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