Patna High Court
Bulet Yadav @ Bulat YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail with conditions, subject to verification of the petitioners' criminal antecedents.
Summary
The petitioners, Bulat Yadav and Ramesh Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 13.5 litres of liquor from a public place. They argued that they were not arrested on the spot, did not have conscious possession of the liquor, and were implicated solely on the testimony of a chowkidar who had not reported the incident earlier. The State opposed the bail, contending that the offences were non-bailable. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.30,000 each, two sureties, and a deposit of Rs.5,000 with the Lawyers’ Association, while directing verification of the petitioners' criminal antecedents. The order stipulated that if petitioner No.1 is found to have more than six prior cases or petitioner No.2 any prior case, the bail would be revoked, otherwise the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
- Whether the procedural conditions imposed by the court are sufficient for anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- criminal antecedent
- bail conditions
- Bihar Excise Act
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4122 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- SRINAGAR District- West Champaran
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1. Bulet Yadav @ Bulat Yadav S/o- Dharm Yadav R/v- Dumariya PS- Bairiya
Distt-West Champaran
2. Ramesh Yadav S/o- Dharam Yadav R/v- Dumariya PS- Bairiya Distt-West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gyan Prakash
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of six cases out of which three
cases are under the Excise Act and petitioner no. 2 is a person
with clean antecedent and allegation is of recovery of 13.5 litres
of liquor from a sack allegedly thrown by the petitioners while
fleeing.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.4122 of 2026(2) dt.29-01-2026
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recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and they came to be
implicated at the instance of Chowkidar but then it is submitted
that if the Chowkidar was aware about the involvement of the
petitioners in the occurrence, then why he did not inform the
police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution. 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 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 Hundred) 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
Patna High Court CR. MISC. No.4122 of 2026(2) dt.29-01-2026
3/3
Srinagar P.S. Case No. 240 of 2025, subject to the conditions as
laid down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial 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 six cases and petitioner no. 2 has antecedent of even one
case 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 with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioner no. 1 has antecedent of six cases and
petitioner no. 2 is a person with clean antecedent 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 submits that petitioners undertake to deposit
an amount of Rs. 5,000/- with Lawyers’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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