Patna High Court
Devee Lal YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
The petitioner, Devee Lal Yadav, filed a petition for anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 22 litres of liquor. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred in a public area not belonging to him. The petitioner also highlighted that the informant’s name was omitted from the FIR, suggesting a weak prosecution case, and warned that police often mechanically implicate accused in excise matters. The State opposed the bail, citing the petitioner’s prior criminal antecedents in three cases, two of which relate to the Excise Act. The High Court, exercising its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bond of Rs. 15,000 with two sureties and directed verification of the petitioner’s antecedents within six weeks, after which the bail may be confirmed or denied.
Issues considered
- Whether anticipatory bail should be granted under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of seizure from the petitioner’s possession and the public nature of the alleged location affect bail eligibility.
- Whether the petitioner’s prior criminal antecedents, if undisclosed, justify denial of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- high court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91466 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- GOGRI District- Khagaria
======================================================
Devee Lal Yadav son of Bindu Yadav Resident of Ward No. 14, Ushri, P.S.
-Gogri, Dist -Khagaria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three case out of which two cases
are under the Excise Act and allegation is of recovery of 22
litres of liquor from Diyara area.
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 even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
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at the instance of local people, but then the name of the person,
who disclosed the name of the petitioner is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution. It
is 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. 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 Gogri P.S. Case No.
261 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
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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 in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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