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Patna High Court

Dhiraj Yadav @ Dhiraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of antecedents, with the order to be confirmed if the antecedents disclosed are accurate.

Summary

Petitioners Dhiraj Yadav and Pradip Yadav applied for anticipatory bail in a case registered under Sections 30(a) and 30(c) of the Excise Act, alleging that the liquor recovered was not in their conscious possession and that the field from which it was seized did not belong to them. They argued that the police had acted on unreliable information and that a prudent person would not use his own premises to commit a crime. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 each with two sureties, subject to verification of their criminal antecedents. The order stipulated that if the verification shows more antecedent cases than disclosed, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The application was allowed, granting anticipatory bail with conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Sections 30(a) and 30(c) of the Excise Act.
  • Whether the petitioners' claim of lack of conscious possession and ownership of the field is sufficient to merit bail.
  • Whether the presence of prior criminal antecedents affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • criminal antecedent
  • provisional bail
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88036 of 2025
                   Arising Out of PS. Case No.-423 Year-2024 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
           1.     Dhiraj Yadav @ Dhiraj Kumar S/O Bhagwan Yadav R/O Vill.- Pachauta,
                  P.S. and District- Lakhisarai
           2.    Pradip Yadav @ Pradip Kumar S/O Rajkumar Yadav R/O Vill.- Pachauta,
                 P.S. and District- Lakhisarai

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mayank Bilochan
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a), 30(c) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioner no.1 has antecedent of one case under the Excise

                   Act and petitioner no.2 has antecedent of even one case and the

                   allegation is of recovery of 10 litres of liquor from field of

                   Dhiraj Kumar.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.88036 of 2025(2) dt.13-01-2026
                                            2/3




          recovered from their conscious possession and it is asserted and

          submitted that the field from where liquor was recovered does

          not belong to Dhiraj Kumar. It is next submitted that no prudent

          person would use their own premises for committing a crime

          and thus, would create evidence against themself and hence,

          would get implicated. It is next submitted that police in majority

          of cases implicating innocent persons either at the behest of

          Chaukidar, local person, secret information and confessional

          statement in a mechanical manner without holding proper

          investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs. 5,000/- (Rupees Five Thousand) each 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 Lakhisarai P. S. Case No.423 of 2024, subject

          to the conditions laid down under Section 482(2) of the BNSS.
               Patna High Court CR. MISC. No.88036 of 2025(2) dt.13-01-2026
                                                           3/3




                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioner no.1 has antecedent of more than

                         one case and petitioner no.2 has antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioner no.1 has antecedent of one

                         case only and petitioner no.2 has antecedent of even one case, in

                         that event, the provisional anticipatory bail order shall be

                         confirmed forthwith.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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