Patna High Court

Dinesh YadavversusThe State of Bihar

Decided: 6 January 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was denied because the case is old, regular bail provisions are already in force, and the petitioner is alleged to be absconding.

Summary

The petitioner, Dinesh Yadav, sought anticipatory bail fearing arrest in an excise case (PS No.161 of 2000) under Section 47(A) of the Bihar Prohibition and Excise Act. The court noted that the case dates back to the year 2000 and that regular bail processes under Sections 82 and 83 of the Criminal Procedure Code had already been invoked. It was observed that the petitioner had been absconding and evading the law. Consequently, the court was not inclined to grant anticipatory bail. The application for anticipatory bail was therefore rejected.

Issues considered

Whether anticipatory bail can be granted in a case where regular bail provisions under Sections 82 and 83 Cr.P.C. have already been invoked
Whether the petitioner’s alleged absconding and evasion of law justify denial of anticipatory bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 82, 83

Subjects

anticipatory bail
Section 47(A)
excise offence
Cr.P.C. Sections 82 and 83
absconding
bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.58501 of 2025
                    Arising Out of PS. Case No.-161 Year-2000 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Bhojpur
                  ======================================================
                  Dinesh Yadav S/o Late Ram Ayodhya Yadav R/o Village - Ghorpokhar, P.S -
                  Udwant Nagar, District- Bhojpur at Ara (Bihar)
                                                                          ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Rama Kant Singh
                  For the Opposite Party/s :      Mr. Awadhesh Kumar Singh
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

3    06-01-2026                  1. Heard learned counsel for the petitioner and learned
                    A.P.P. for the State.
                                 2. The petitioner apprehends his arrest in connection
                    with Excise P.S. Case No.161 of 2000, registered for the offence
                    punishable under Section 47(A) of Bihar Prohibition and Excise
                    Act.
                                 3. The Court is not inclined to grant the privilege of
                    anticipatory bail to the petitioner as the case is of the year 2000
                    and process under Sections 82 and 83 Cr.P.C. have already been
                    issued. It appears that petitioner has been absconding and was
                    evading the law.
                                 4. The anticipatory bail application of the petitioner is
                    rejected.



                                               (Satyavrat Verma, J)
amit/-

U        T

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