Patna High Court
Lal Das Yadav @ Lal Das RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Lal Das Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 150 litres of liquor near Mahavir temple. He argued that the liquor was not in his possession, the site was public, and he was implicated due to a personal dispute with a chowkidar, asserting that police investigations in excise matters are often mechanical. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 45,000 with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS. The court stipulated that if more than nine prior cases are found, the bail would not be confirmed; if exactly nine, the provisional bail would be confirmed. The order directs the trial court to verify the antecedent and act accordingly.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s alleged lack of possession and the public nature of the alleged contraband site justify bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- police investigation
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77740 of 2025
Arising Out of PS. Case No.-96 Year-2025 Thana- KRISHNAGARH District- Bhojpur
======================================================
Lal Das Yadav @ Lal Das Ray S/o Nath Narayan Roy @ Nath Narayan Rai
@ Nath Narayan Yadav R/o Village- Bara ((Basantpur), P.S.- Ara Muffasil,
District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shweta
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 the
petitioner has antecedent of nine cases under the Excise Act and
allegation is of recovery of 150 litres of liquor from a bush near
Mahavir temple.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.77740 of 2025(3) dt.16-03-2026
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and is accessible to public at large and he came to be implicated
at the instance of Chowkidar with whom he is on an inimical
term. It is further 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. It is also submitted that petitioner earlier
also came to be implicated in a similar manner in cases relating
to Excise.
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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 45,000/- (Rupees Forty-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 Krishnagarh P.S.
Case No. 96 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
Patna High Court CR. MISC. No.77740 of 2025(3) dt.16-03-2026
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event if it is found that petitioner has antecedent of more than nine
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 nine case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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