Patna High Court
Lalan Yadav @ Prem Raj @ Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Lalan Yadav, sought anticipatory bail fearing arrest in a case under Sections 317(4) and 111(4) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, relating to alleged recovery of 750 litres of liquor from ten motorcycles. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the seized vehicles, claiming the investigation relied on secret information without proper inquiry. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.35,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. If more than seven prior cases are found, the bail will not be confirmed; if exactly seven, it will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged lack of possession and ownership of the seized vehicles warrants bail.
- Whether the trial court should verify the petitioner’s criminal antecedent before confirming bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 111(4), 317(4)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- seizure of liquor
- criminal antecedent
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73570 of 2025
Arising Out of PS. Case No.-266 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Lalan Yadav @ Prem Raj @ Lalan Kumar S/o Dashrath Yadav R/o vill -
Madhurapur, P.S.- Kauwakol, Dist.- Nawada, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 317(4) and
111(4) of the BNS as well as Section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases under the Excise Act
and allegation is of recovery of 750 litres of liquor from ten
motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the secret information which is
Patna High Court CR. MISC. No.73570 of 2025(3) dt.07-01-2026
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the easiest way to implicate someone. It is next submitted that
once an accused is implicated in a case relating to excise the
police start implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case.
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, let 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.35,000/- (Rupees Thirty-five 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
Kauwakol P.S. Case No. 266 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 if
it is found that petitioner has antecedent of more than seven
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.73570 of 2025(3) dt.07-01-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only seven cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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