Patna High Court
Dhanjee YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioners' criminal antecedents and compliance with the stipulated conditions.
Summary
The petitioners, three residents of Ishivipur, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 12 litres of liquor. They argued that they were not apprehended at the spot, no liquor was found in their possession, and the alleged recovery site was public land, contending that the investigation was mechanically initiated. The State opposed the bail, citing the petitioners' prior criminal antecedents—four cases for petitioner 1 and two each for petitioners 2 and 3. The Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed the trial court to verify the antecedents within six weeks. It further stipulated that if the antecedents exceed the disclosed numbers, the provisional bail would not be confirmed; otherwise, the bail would be confirmed forthwith.
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 disqualify them from obtaining anticipatory bail.
- Whether the conditions imposed by the Court for provisional anticipatory bail are appropriate.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- provisional bail
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58231 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- SAHPUR District- Bhojpur
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1. Dhanjee Yadav S/o Madan Yadav Resident of Village - Ishivipur, P.S. -
Shahpur, District - Bhojpur
2. Kamlesh Yadav Son of Basudhar Yadav Resident of Village - Ishivipur, P.S.
- Shahpur, District - Bhojpur
3. Mantosh Yadav Son of Ras Bihari Yadav Resident of Village - Ishivipur, P.S.
- Shahpur, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 four cases and petitioner nos.
2 and 3 have antecedent of two cases and all the case are under
the excise act and allegation is of recovery of 12 liters of liquor
from a place near bank of a river.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.58231 of 2025(3) dt.06-01-2026
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petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large. It is also 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.
20,000/- (Rupees Twenty Thousand) 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 Sahpur P.S. Case No. 151 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 petitioners and
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in the event if it is found that petitioner no. 1 has antecedent of
more than four cases and petitioner nos. 2 and 3 have antecedent
of more than two cases 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, but
after verification if it is found that petitioner no. 1 has
antecedent of four cases only and petitioner nos. 2 and 3 have
antecedent of two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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