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Patna High Court

Dashrath YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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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