Patna High Court
Bulet Yadav @ Bulat YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to bond, sureties, a deposit, and verification of the petitioner’s criminal antecedent.
Summary
Bulet Yadav was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 291.84 litres of liquor from a modified three‑wheeler, although he was not apprehended on the spot and claimed he was not the vehicle's owner. He has six prior criminal cases, three of which relate to excise offences. The petitioner sought anticipatory bail, arguing that the investigation was mechanically initiated based on a chowkidar’s information without proper inquiry. The State opposed the bail. The High Court granted provisional anticipatory bail conditioned on a Rs.30,000 bond with two sureties, a deposit of Rs.5,000 with the Advocates’ Association, and verification of his antecedent; if more than six prior cases are found, the bail will not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under the Bihar Excise Act
- Whether the petitioner’s prior criminal antecedent disqualifies him from obtaining anticipatory bail
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- criminal antecedent
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4701 of 2026
Arising Out of PS. Case No.-356 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Bulet Yadav @ Bulat Yadav S/O Dharam Yadav R/O Dumariya, P.S.- Bairiya,
Dist.-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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
petitioner has antecedent of six cases out of which three cases
are under the excise act and allegation is of recovery of 291.84
liters of liquor from a modified three wheeler motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and came to be implicated at the
instance of Chowkidar, but then it is submitted that once an
Patna High Court CR. MISC. No.4701 of 2026(2) dt.31-01-2026
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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.
30,000/- (Rupees Thirty 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 Bairiya
P.S. Case No. 356 of 2025 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 six cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.4701 of 2026(2) dt.31-01-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of six
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
5000/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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