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Patna High Court

Lal Das Yadav @ Lal Das RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                          3/3




                        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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