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Patna High Court

Laxman YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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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