Patna High Court
Dipesh Kumar 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, 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
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
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
2/3
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
Checking your session…