Patna High Court
Dinesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Dinesh Yadav, was implicated in a case under Sections 30(a), 30(c) and 47 of the Bihar Excise Act for alleged recovery of large quantities of liquor and a liquor‑containing solution from forest areas and a motorcycle. He contended that nothing was seized from his conscious possession, the seized property belonged to a public place, and he was implicated only through a chowkidar’s statement. The State opposed his prayer for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.40,000 with two sureties and directed verification of his criminal antecedent. The order stipulated that if more than eight prior cases are found, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the provisions of Section 482(2) of the BNSS and the facts presented.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under the Bihar Excise Act.
- Whether the circumstances of seizure and the petitioner’s alleged lack of possession justify granting bail.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(c), 47
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61901 of 2025
Arising Out of PS. Case No.-365 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Dinesh Yadav S/o Charu Yadav R/o Village - Lohsinghna, P.S - Rajauli,
District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
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 a case
registered for the offences punishable under Sections 30(a),
30(c) and 47 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of eight cases under the excise act and
allegation is of recovery of 297 liters of liquor from a Akona
Kolwa and Amba Kolwa forest along with 9000 liters of Jawa
Mahua solution which was destroyed along with 15 liters of
liquor from a 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 even alleged
Patna High Court CR. MISC. No.61901 of 2025(3) dt.06-01-2026
2/3
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and petitioner is not the
owner of the seized vehicle and he came to be implicated at the
instance of Chowkidar. It is further submitted that if Chowkidar
was aware of the involvement of the petitioner 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 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 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.
40,000/- (Rupees Forty 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 Excise
Patna High Court CR. MISC. No.61901 of 2025(3) dt.06-01-2026
3/3
P.S. Case No. 365 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 eight 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
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of eight
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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