Patna High Court
Laxman YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Laxman Yadav, was implicated in a case (PS Case No. 444 of 2025) for alleged offences under Section 317(5) of the BNS, 2023 and Section 30(a) of the Bihar Excise Act, involving the recovery of 108 litres of liquor from a motorcycle. He contended that he was not apprehended at the spot, had no conscious possession of the liquor, and was not the owner of the vehicle, asserting that the complaint originated from a chowkidar without prior police knowledge. The State opposed his prayer for anticipatory bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and sureties, and that the trial court verify his criminal antecedent within six weeks. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged excise offence.
- Whether the petitioner’s alleged lack of conscious possession and ownership of the seized vehicle affects the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent (more than three cases) should preclude confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 317(5)
Subjects
- anticipatory bail
- excise offence
- Section 317
- Section 30
- criminal antecedent
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88151 of 2025
Arising Out of PS. Case No.-444 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Laxman Yadav S/o- Pahawari Yadav Resident of village- Srinagar Dhusa, PS-
Phulwariya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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 Section 317(5) of
the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the excise act and
allegation is of recovery of 108 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 is not the
owner of the seized vehicle. It is further submitted that he came
to be implicated at the instance of Chowkidar, but then it is
Patna High Court CR. MISC. No.88151 of 2025(2) dt.05-01-2026
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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.
15,000/- (Rupees Fifteen 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 Mirganj
P.S. Case No. 444 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
Patna High Court CR. MISC. No.88151 of 2025(2) dt.05-01-2026
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in the event if it is found that petitioner has antecedent of more
than three 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 three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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