Created by Fuzzy Cloud

Patna High Court

Bulet Yadav @ Bulat YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.