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Patna High Court

Dipesh Kumar 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, Dipesh Kumar Yadav, feared arrest in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, alleging recovery of 144 litres of liquor from two motorcycles. He contended that he was not arrested on the spot, no liquor was seized from his possession, and he was not the owner of the vehicles, asserting that the case was based solely on secret information. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed verification of his criminal antecedent. The order stipulated that if the petitioner is found to have more than two prior cases, the bail would not be confirmed; if only two antecedents are found, the provisional bail would be confirmed. The court exercised its inherent powers under Section 482(2) to issue the order.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the pending excise and narcotic offences case.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • narcotic offences
  • secret information
  • criminal antecedent
  • high court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91043 of 2025
                     Arising Out of PS. Case No.-175 Year-2025 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Dipesh Kumar Yadav Son of Ram Pravesh Yadav @ Rampravesh Yadav R/o
                 Village - Mahdeva, P.S. - Laukahi, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Nitu Kumari
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026               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 Sections 274, 275

                   and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 144 litres of liquor from two

                   different motorcycles.

                             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 is not the owner of

                   the seized vehicle and he came to be implicated based on secret

                   information which is the easiest way to implicate someone. It is
Patna High Court CR. MISC. No.91043 of 2025(2) dt.12-01-2026
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          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.

                   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.

          10,000/- (Rupees Ten 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 Laukahi

          P.S. Case No. 175 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 event if it is found that petitioner has antecedent of more

          than two cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his
              Patna High Court CR. MISC. No.91043 of 2025(2) dt.12-01-2026
                                                          3/3




                        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 two

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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